Title VII Sex Discrimination Claim Dismissed; One Comment Relating to Failure to Conform to Gender Stereotypes Held Insufficient

In Angelis v. Philadelphia Housing Authority, 2024 WL 643142 (E.D.Pa. Feb. 15, 2024), the court, inter alia, dismissed plaintiff’s sex discrimination claims.

From the decision:

Plaintiff pled that he was a member of a protected class and that he was subjected to an uncomfortable comment from a fellow Network Technician, who stated that “someone has to know that a man works here,” in the beginning of October 2020. Plaintiff interpreted this statement as referring to his sexuality. He pled that he was qualified for his position, and his termination constitutes an adverse employment action.

But Plaintiff has not pled facts that could give rise to an inference of discrimination to satisfy the fourth element. He has only alleged one comment related to his failure to conform to stereotypes associated with his sex, which allegedly was articulated by a co-worker two months before Plaintiff was terminated. … There is no indication that the individuals who terminated Plaintiff were even aware of the comment from Plaintiff’s fellow Network Technician two months prior. The other allegations Plaintiff raises concern his sexual orientation, not his failure to conform to gender stereotypes.

[Citations omitted.]

Based on this, the court held that dismissal of plaintiff’s sex discrimination claims was warranted.

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