Unformatted text preview: upreme Court decision Price Waterhouse v. Hopkins, 490 U.S. 228, 109
S.Ct. 1775, 104 L.Ed.2d 268 (1989), and its progeny. Although Title VII does not
prohibit discrimination against homosexuals per se--whether real or perceived--the Price
Waterhouse line of cases stands for the proposition, inter alia, that it is improper to
discriminate in employment on the basis of real *769 or perceived nonconformity with
J.A. at 77. Vickers cites at least one factual example of this perception: on January 22,
2003, Dixon informed Mueller that Vickers "might jump your ass. He did me for no
reason when I walked in." Compl. at ¶ 72, J.A. at 37. According to Vickers, the following
Dixon then proceeded to explain to Mueller that Vickers was in a bad mood. Mueller
said, "Maybe he is having a heavy (menstrual) flow day, huh? " Mueller then said to
Vickers, "Why don't you pluck that tampon out and put a new pad in and lose some of
that pressure? "
Mueller walked out of the office momentarily, returning with a sanitary napkin which he
tried to rub in Vickers' face. Vickers said, "What are you putting a tampon on me for? "
Mueller snapped, "You fucker, it's a fucking pad," and continued to try and put the
sanitary napkin in Vickers' face. Mueller then began making sexual panting noises,
followed by sexual grunts and moans. Mueller finally settled for taping the sanitary
napkin to Vickers' uniform coat.
Compl. at ¶¶ 71-72, J.A. at 37. When Vickers returned to work on January 25, 2003,
Mueller asked Vickers if his mood had improved. Compl. at ¶ 73, J.A. at 37. Thus,
Vickers alleges that he was subjected to harassment because he was perceived as being
insufficiently masculine, Vickers clarifies in his complaint that the events alleged therein
are indicative of the defendants' perception that Vickers does not measure up to their
stereotypes of masculinity and that he does not wish his complaint to be construed as
suggesting otherwise, the di...
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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