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Article Excerpt
In a ruling that advances legal protections for gays and lesbians, the Ninth Circuit Court of Appeals has found that sexual orientation is "irrelevant" in cases where on-the-job harassment constitutes "severe or pervasive unwelcome conduct of a sexual nature." (Rene v. MGM Grand Hotel, 305 F. 3d 1061 (2002).)
The September en banc ruling was considered a landmark victory for gay-rights advocates because federal civil rights law does not offer explicit protection from discrimination based on sexual orientation.
The confusion surrounding Title VII--which protects workers from harassment on the basis of race, creed, gender, and national origin--was underscored just two days after the Ninth Circuit ruled, when a federal court in Albany, New York, held that a gay man could not sustain a federal civil rights claim because he did not act in an overtly "effeminate manner." (Martin v. State of N. Y. Corr. Facility, No. 99-CV-1364 RFT, 2002 WL 31133238 (N.D.N.Y. Sept. 26, 2002).)
The Ninth Circuit...
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