The Line Blurs: Discrimination and Stereotyping

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In Christiansen v. Omnicom Group Inc., the Court of Appeals for the 2nd Circuit reaffirmed its decisions holding that Title VII’s prohibition on sex discrimination does not reach discrimination or harassment based on sexual orientation.

The 2nd Circuit, however, reversed the decision of the trial court granting the employer’s motion to dismiss with regard to Christiansen’s claim for gender stereotyping. Citing the U.S. Supreme Court decision in Price Waterhouse v. Hopkins, 490 U.S. 228 (1989), the court found that Christiansen had stated a claim for sex discrimination based on gender stereotyping. In his complaint, Christiansen had alleged that his supervisor

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