Appeals court opens door on sexual orientation, although Title VII doesn’t cover it

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in Discrimination and Harassment,Human Resources

The 3rd Circuit Court of Appeals, which covers Pennsylvania employers, has issued an opinion that may result in many more sex discrimination lawsuits at work.

The case allowed an avowedly homosexual man to file a sex discrimination and harassment lawsuit based on his effeminate mannerisms—even as the court reiterated that sexual orientation isn’t covered by Title VII.

That leaves the door open for lawsuits against Pennsylvania employers that don’t have strict anti-harassment policies in place to protect those who don’t act the way stereotypical men or women act.

Recent case: Brian Prowel worked for Wise Business Forms for 13 years until he was laid off due to what the company said was a lack of work.

The last few years of his job had been marked by conflict because, as Prowel told the court, his co-workers reacted negatively to the way he dressed and acted.

Prowel identifies himself as an effeminate man and a...(register to read more)

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