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liability. Clark v. United Parcel Serv., Inc., 400 F.3d 341, 347 (6th Cir.2005). Vickers
relies on the theory of sex stereotyping adopted by the Supreme Court in Price
Waterhouse, 490 U.S. at 228, 109 S.Ct. 1775, to support both his sex discrimination and
sexual harassment claims. In Price Waterhouse, the plaintiff, a senior manager in an
accounting firm, was passed over for partnership in part because she was too " 'macho' "
and " 'overcompensated for being a woman.' " Id. at 235, 109 S.Ct. 1775. The plaintiff
was told that in order to improve her chances for partnership, she should " 'walk more
femininely, talk more femininely, dress more femininely, wear make-up, have her hair
styled, and wear jewelry.' " Id. The Supreme Court held that making employment
decisions based on sex stereotyping, i.e., the degree to which an individual conforms to
traditional notions of what is appropriate for one's gender, is actionable discrimination
under Title VII. See id. at 250, 109 S.Ct. 1775 ("In the specific context of sex
stereotyping, an employer who acts on the basis of a belief that a woman cannot be
aggressive, or that she must not be, has acted on the basis of gender."). 153 *763 Vickers contends that this theory of sex stereotyping supports his claim, and thus,
the district court should be reversed. Vickers argues in his brief that he was discriminated
against because his harassers objected to "those aspects of homosexual behavior in which
a male participant assumes what Appellees perceive as a traditionally female-or less
masculine-role." [FN2] In other words, Vickers contends that in the eyes of his coworkers, his sexual practices, whether real or perceived, did not conform to the
traditionally masculine role. Rather, in his supposed sexual practices, he behaved more
like a woman.
FN2. In support of this theory, Vickers notes that he was only teased about giving, not
receiving fellatio, and about receiving anal sex.
We conclude that the theory of sex stereotyping under Price Waterhouse is not broad
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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.
- Spring '08