Sexual Orientation Discrimination Update

The WSJ Law Blog has a post today here on a recent decision by the U.S. Court of Appeals for the Third Circuit that recognized a claim by an effeminate homosexual man for “gender stereotyping” discrimination. The court of appeals reversed the lower court’s decision dismissing the suit, which had been brought by an effeminate, homosexual man alleging that he was discriminated against because he did not conform to a typical male stereotype. As another employment lawyer notes in the post, Congress may open the door to sexual orientation discrimination claims under Title VII in the near future, rendering this type of legal gymnastics unnecessary in order to pursue a sexual orientation discrimination claim.