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discrimination "because of ... sex." 42 U.S.C. § 2000e-2(a)(1).
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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- Spring '08