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There are other examples for instance on one occasion

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Unformatted text preview: ather than discrimination "because of ... sex." 42 U.S.C. § 2000e-2(a)(1). II. Looking at the allegations in this case, I cannot conclude that no set of facts could be proved that would entitle the plaintiff to relief. The allegations permit the conclusion that the defendants were hostile to the plaintiff because he was not masculine enough, justifying an inference that a female--or a man with female characteristics--would not be tolerated in the job of private police officer at the Fairfield Medical Center (FMC). Vickers asserts that there are some twenty-five incidents of harassment that could be construed as evidence of the defendants' perception that Vickers was not masculine enough for them. To be sure, the conduct that Vickers cites for the most part requires following Vickers's argument from point to point, and it is not a crystal-clear statement of sex stereotyping due to the conflation with homosexual references. However, as the district court noted, Vickers does allege that he was not perceived as sufficiently masculine. In March of 2002, the complaint alleges, Vickers began investigating allegations of sexual misconduct against a male doctor at FMC by a "gay" complainant. Compl. at ¶ 15, J.A. at 23. Vickers ultimately befriended the individual and assisted him in investigating the matter. Ibid. Fellow police officers Dixon and Mueller, upon learning 159 of the investigation and that the complainant was a homosexual, suspected Vickers of being a homosexual "and question [ed ] his masculinity." Compl. at ¶ 16, J.A. at 23 (emphasis added). Vickers alleges that he was a private person and did not share details of his personal life at work. In paragraph 250 of the complaint, Vickers states: Vickers does not make any claim of protected status on the basis of homosexuality per se--whether real or perceived--with regard to his Title VII claim. Vicker[s]'s claim is instead grounded in the body of sex-discrimination jurisprudence set forth by the landmark U.S. S...
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