In considering vickers sex stereotyping argument the

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Unformatted text preview: e existence of employer 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 e...
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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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