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Humenny v genex corp 390 f3d 901 906 6th cir2004 in

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Unformatted text preview: andoned and are not reviewable on appeal). II. 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 (6th Cir.1998). [1] 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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