A Missouri advocate for LGBT people is hailing a Tuesday ruling from a state appeals court that validated claims of workplace discrimination against an openly gay Missourian.

A three-judge panel of the Missouri Court of Appeals' Western District found in favor of Harold Lampley, a gay man who claims his employer — a division of Missouri government — discriminated against him "because his behavior and appearance contradicted the stereotypes of maleness held by his employer and managers."

Lampley argued he was harassed and treated differently from co-workers "who conformed to gender stereotypes," according to court documents. He also argues he was "grossly underscored" during a performance evaluation because he complained about how he was being treated.

The Missouri Human Rights Act does not include sexual orientation as a protected class. But it does include sex, and Lampley's legal argument is that his maleness and not his gayness prompted the discrimination he says he experienced.

"If an employer mistreats a male employee because the employer deems the employee insufficiently masculine, it is immaterial whether the male employee is gay or straight," Judge Anthony Rex Gabbert wrote. "The prohibition against sex discrimination extends to all employees, regardless of gender identity or sexual orientation."

Lampley's initial discrimination charges had been dismissed by the Missouri Commission on Human Rights, hence the lawsuit he filed with Rene Frost, another state employee, who argued her association with Lampley caused her to be retaliated against as well.

"The MCHR seems to fear that gay and lesbian employees will assert sex stereotyping claims in lieu of a sexual orientation claim," Gabbert wrote. "That is, the MCHR fears sex stereotyping will be a mere pretext."

The appellate court determined Lampley "should have been allowed to demonstrate how stereotyping motivated the alleged discriminatory conduct" in previous legal proceedings and ordered the human rights commission to issue "right-to-sue" letters.

PROMO, a Missouri organization advocating on behalf of LGBT people, called the ruling "a huge historic step forward."

"This is an important step forward to protecting LGBT Missourians from discrimination in the workplace," PROMO Executive Director Steph Perkins said in a news release. "We are grateful to see that the courts are recognizing LGBT discrimination for what it is — unlawful and wrong."

LGBT advocacy groups such as PROMO have long fought for legal protections in the workplace on the basis of sexual orientation, though such attempts have failed.

PROMO's news release acknowledged its work on this front is not over, as the judicial opinion does not change state law.

"But there is still work to be done in the legislature to ensure equal protection under the law in workplaces, housing, and public services," Perkins continued. "Now is the time to pass the Missouri Nondiscrimination Act."

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