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.”

In Prowel v. Wise Business Forms Inc., the 3rd U.S. Circuit Court of Appeals found that in such cases, it is sometimes difficult to discern whether the harassment a worker suffered “was because of his homosexuality, his effeminacy, or both.”

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