United States Third Circuit

In an employment discrimination action under Title VII involving claims of gender stereotyping and religious harassment, district court's grant of summary judgment in favor of defendant is vacated with respect to the gender stereotyping claim, as the record below is ambiguous as to whether the claim was based on sexual orientation or discrimination because of sex, and thus because both are plausible, the case presents a question of fact for the jury and is not appropriate for summary judgment. District court's grant of summary judgment on the religious harassment claim was proper as plaintiff cannot satisfy the first element of his cause of action that there was intentional harassment because of religion.

Appellate Information

• Argued 10/01/2008
• Decided 08/28/2009
• Published 08/28/2009

Judges

• Before: FISHER, CHAGARES and HARDIMAN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Katie R. Eyer [Argued], Salmanson Goldshaw, Corey S. Davis, Equality Advocates Pennsylvania, Philadelphia, PA, Timothy P. O'Brien, Pittsburgh, PA, for Appellant., Susan Frietsche, Tatyana Margolin, Women's Law Project, Pittsburgh, PA, for Amicus Appellant.


• For Appellees:
  
• Kurt A. Miller [Argued], Thorp, Reed & Armstrong, Pittsburgh, PA, for Appellee.