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To survive summary judgment on a religious harassment claim, a plaintiff must show: (1) intentional harassment because of religion, that (2) was severe or pervasive, and (3) detrimentally affected him, and (4) would detrimentally affect a reasonable person of the same religion in that position, and (5) the existence of respondeat superior liability.
Appellant former employee, who was a machine operator at the appellee company that produced and distributed business forms, claimed that he was harassed and terminated due to gender stereotyping in that he was an effeminate man and his mannerisms and behavior caused him to not "fit in" with the other men at work. The district court held that the suit was actually a claim for sexual orientation discrimination, which was not cognizable under Title VII, and that the employee failed to show religious discrimination.
Was there religious discrimination?
Appellant was entitled to a jury trial on his Title VII gender stereotyping claim because there were disputed issues of material fact as to whether his harassment and termination occurred. However, his religious discrimination claim failed because he failed to show that he was harassed due to of his religious beliefs.