Rule 8a requires only that the plaintiff set forth a

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Unformatted text preview: raffiti did not establish hostile work environment claim because his co-workers "maligned him because of his apparent homosexuality, and not because of his sex"); see id. at 1086 ("Title VII is not a 'general civility code' for the workplace; it does not prohibit harassment in general or of one's homosexuality in particular.") (quoting Oncale, 523 U.S. at 81, 118 S.Ct. 998); Higgins v. New Balance Athletic Shoe, Inc., 194 F.3d 252, 258 (1st Cir.1999) (rejecting hostile work environment claim where plaintiff was verbally harassed and mocked due to his homosexuality because he failed to show that harassment occurred because of his sex). But see Rene, 305 F.3d at 1066 (finding that male employer who was subject to severe, pervasive, and unwelcome physical conduct was harassed because of his sex because he was subjected to attacks "which targeted body parts clearly linked to his sexuality"). Based on the foregoing precedent, Vickers has failed to plead a hostile work environment claim. III. For the foregoing reasons, we affirm the decision of the district court granting defendants-appellees' motion for judgment on the pleadings pursuant to Rule 12(c) as well as the district court's decision not to exercise supplemental jurisdiction over Vickers' state law claims. DAVID M. LAWSON, District Judge, dissenting. As the majority correctly states, in Price Waterhouse v. Hopkins, 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 under Title VII." Ante at 762. Because I believe that the plaintiff in this case has pleaded exactly that, I conclude that he has stated a cognizable claim in his complaint that should have survived dismissal under the standard of review that applies to motions under Federal Rule of Civil Procedure 12(c). Since the majority has concluded otherwise, I must respectfully dissent. I. It is beyond debate that Title VII does not prohibit workplace discrimination or harassment based on sexual preference, sexual orientation, or homosexuality. It is equally clear that employment decisions or workplace harassment that are based on the perception that the employee is not masculine enough or feminine enough-...
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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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