Gender Stereotyping and Sexual Orientation

On January 8, 2010, the Southern District of Florida, in Anderson v. Napolitano, granted summary judgement for defendant regarding plaintiff's gender stereotyping claim. Specifically, the Court felt that plaintiff's complaint merely demonstrated that his co-workers discriminated against him because he was gay, and not because he failed to act in a masculine fashion. In doing so, the Court held that being told he was "too flamboyant" was not the same as being told he failed to act in a masculine fashion. Furthermore, pointing to an incident where two co-workers lisped and spoke in flamboyant voices, but then stopped when they say plaintiff, was not relevant because there was no corresponding evidence that plaintiff had an effeminate voice.

In dismissing this case, the Court reaffirmed that Title VII does not protect discrimination based on sexual orientation. In that sense, being called a "fag" and "too gay" did nothing for plaintiff's claim. Furthermore, in order to state a gender stereotyping claim, homosexual males must show evidence demonstrating that they were discriminated against, not because they are gay, but because they did not act masculine enough.

Click here for a copy of the Court's opinion.