Gay Man Can Claim Gender Stereotyping: 3rd Circ.

Law360, New York (August 28, 2009, 7:09 PM EDT) -- The U.S. Court of Appeals for the Third Circuit has handed a victory to a gay former employee of Wise Business Forms Inc., reversing a Pennsylvania trial court’s assertion that he could not bring discrimination claims based on sexual orientation since it is not protected under Title VII.

The opinion, handed down on Friday, said the trial court wrongly dismissed plaintiff Brian Prowel’s claims on the basis that gender stereotyping discrimination claims are not covered by Title VII.

“There is no basis in the statutory or...
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