Chicago Women in Trades is one of several organizations that filed an amicus brief in support of an openly gay factory worker who was fired from his job.
Twenty-one organizations joined in the filing of an amicus brief prepared by the Women's Law Project that pertains to Brain D. Prowel v. Wise Business Forms, a case currently under consideration by the U.S. Court of Appeals for the Third District in Philadelphia. Prowel was fired from his job in 2004 after he revealed he was suing for years of alleged sexual harassment and gender stereotyping. The U.S. District Court in Western Pennsylvania ruled against Prowel in September 2007, arguing that the case involved sexual orientation discrimination, not sex discrimination. Sexual orientation is not a protected category.
Prowel worked as a factory worker for Wise Business Forms for 13 years. He claims he was regularly harassed because he failed to conform to gender stereotypes.
'This case is about a man who was harassed on the job because he didn't live up to expectations of how a man should act,' said Chicago Women in Trades' Director of Advocacy Jayne Vellinga. 'The lower court decision allows the employer to escape responsibility for this hostile work environment, by claiming the discrimination wasn't based on gender stereotypes, but on his sexual orientation, in a jurisdiction where there are no gay rights laws.'
The local organization strives to improve women's economic equity, in part by increasing the number of women in skilled trade jobs by helping eliminate barriers. Chicago Women in Trades, and the other 20 organizations that have voiced support, hope the lower court's decision is overturned.
Chicago Women in Trades joined in the filing of the amicus brief because women in skilled trade jobs are often targets of harassment and gender stereotyping, and if the decision stands, it can harm future sexual harassment cases. The 21 organizations say that if the ruling of the lower court is adopted, it could have a serious impact on women's struggle for workplace equity, especially in nontraditional work environments.
'The argument is of concern to us because women in nontraditional jobs, like construction, are also frequently harassed because they may not live up to stereotypes of how a woman should act,' Vellinga said. 'We—women's groups—have been able to fight this as sexual harassment because it creates a hostile work environment, using Title VII, but if this decision stands, it weakens our ability to use that legal argument.'
Other groups that joined the amicus brief are the American Medical Women's Association, Equal Rights Advocates, Gender Public Advocacy Coalition, Hard Hatted Women, the National Association of Women Lawyers ( also headquartered in Chicago ) , National Organization for Women and many others.
