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.
On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. No. 06-cv-00259)
District Judge: Honorable Terrence F. McVerry
Argued October 1, 2009
Opinion Filed August 28, 2009