Sotomayor rules in favor in man's sexual harassment suit

Apparently, there was a cop who sued in New York, because after he got hurt, he was transferred to a desk job. that's not why he sued. He was later transferred back out into the field, where his supervisor proceeded to call him not a "real man", a "manly man", and actively told him to "toughen up." he was forced to do heavy lifting despite his injury and disability, and he is apparently a small, nonmuscular man. this cop has stated that this behavior injured him again and he was forced out of his job. apparently it isn't illegal to discriminate against somebody because they are gay. so in his first court date, it was dismissed, because the judge decided that all of these statements were based on the fact that he was gay. I wouldn't call it that to say the least! it was basically a suit saying that he had been treated badly and verbally harassed for not fitting the standard of the general sex. Apparently Sotomayor agreed with him, as i do. the fact that he was harassed on a daily basis with commments of that nature and forced to perform work that he actively was told not to do by doctors among others due to a previous injury, which also happened to be sustained on the job. That is discrimination and that is something he should sue over. So while one other judge was worried about ruling in his favor, something about it expanding the laws against discrimination, how can you not rule in his favor realistically?