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Unformatted text preview: andoned and are not reviewable on
We review the district court's dismissal of a complaint pursuant to Rule 12(c) de novo.
Smith v. City of Salem, 378 F.3d 566, 570 (6th Cir.2004). The manner of review under
Rule 12(c) is the same as a review under Rule 12(b)(6); we must "construe the complaint
in the light most favorable to the plaintiff, accept all of the complaint's factual allegations
as true, and determine whether the plaintiff undoubtedly can prove no set of facts in
support of the claims that would entitle relief." Grindstaff v. Green, 133 F.3d 416, 421
 Vickers argues on appeal that the district court erred in finding that he cannot prevail
on his Title VII claims as a matter of law. Vickers contends that while some of the facts
alleged in the complaint establish, as the district court found, that the discrimination
Vickers experienced was motivated by Vickers' perceived homosexuality, more of the
facts suggest that Vickers' harassers were motivated by Vickers' gender non-conformity.
As a result, Vickers argues, his claim is covered under the sex stereotyping theory of
liability embraced by the Supreme Court in Price Waterhouse v. Hopkins, 490 U.S. 228,
109 S.Ct. 1775, 104 L.Ed.2d 268 (1989). Vickers also argues that this circuit's opinion in
Smith v. City of Salem, 378 F.3d at 566, an opinion released after the district court
granted defendants-appellees' motion in the current case, sufficiently changes this
circuit's view of same-sex harassment such that his claim is now viable.
The district court found that Vickers' allegations, if proven, could not support a finding
that the harassment and discrimination he endured occurred because he *762 was male,
and thus his claim failed as a matter of law. The district court found that Vickers claim
could not fit within the sex stereotyping theory of liability under Price Waterhouse, 490 152 U.S. at 228, 109 S.Ct. 1775. The district court noted that Vickers had not alleged that the
harassers were motivated by sexual desire for Vickers or by general hostility for men in
the workplace, nor was any information presented regarding how females were t...
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- Spring '08