CourtCases2010

Fedrules evidrule 801d2d 28 usca to establish prima

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Unformatted text preview: ecedents. In Smith v. City of Salem, 378 F.3d 566 (6th Cir.2004), the court reversed a judgment on the pleadings for the defendant in a claim brought by a transsexual male fireman under Title VII. "Sex stereotyping based on a person's gender non-conforming behavior is impermissible discrimination, irrespective of the cause of that behavior; a label, such as 'transsexual,' is not fatal to a sex discrimination claim where the victim has suffered discrimination because of his or her gender non-conformity." Smith, 378 F.3d at 575. As in Smith, I believe that the plaintiff in this case has "alleged that his failure to conform to sex stereotypes concerning how a man should look and behave was the driving force behind Defendants' actions." Id. at 572. Following Smith, this court has held that "[s]ex stereotyping based on a person's gender non-conforming behavior is impermissible discrimination, irrespective of the cause of that behavior." Barnes v. City of Cincinnati, 401 F.3d 729, 737 (6th Cir.2005) (citations omitted). Allegations that a plaintiff's "failure to conform to sex stereotypes concerning how a man should look and behave was the driving force behind defendant's actions" has been deemed sufficient to "state[ ] a claim for relief pursuant to Title VII's prohibition of sex discrimination." Ibid. Therefore, I must conclude that Vickers "has sufficiently pleaded claims of sex stereotyping and gender discrimination." Smith, 378 F.3d at 572. III. The plaintiff has set forth sufficient facts in his complaint to support a Title VII claim. I do not believe we can conclude on the basis of the pleadings alone that the harassment endured by the plaintiff was motivated solely by the defendants' perception that he was a 161 homosexual, as distinguished from a belief that for reasons other than sexual preference the plaintiff did not conform to the stereotypical image of masculinity, as the plaintiff has alleged in many ways, at least inferentially. "A motion for judgment on the pleadings under Rule 12(c) may be granted only if all material issues can be resolved on the pleadings by the district court; otherwise, a summary judgment motion...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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