Although federal workplace discrimination laws don't cover sexual orientation discrimination, a federal appeals court has ruled that an effeminate gay man must be allowed to pursue a Title VII claim alleging that he was targeted for harassment because he failed to conform to "gender stereotypes." The 3rd Circuit found that a lower court erred when it declared that plaintiff Brian Prowel's sex discrimination claim was nothing more than "an artfully pleaded claim of sexual orientation discrimination."
3rd Circuit Revives Gay Man's Title VII Suit
The Legal Intelligencer
August 31, 2009