Compliance » Court Rules Gay Workers Not Protected By Federal Anti-Discrimination Law

Court Rules Gay Workers Not Protected By Federal Anti-Discrimination Law

March 14, 2017

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A 1964 civil rights law does not protect workplace discrimination based on sexual orientation, a three-judge panel of the 11th Circuit Court of Appeals ruled 2-1 last week. The case focuses on Jameka Evans, who sued her former employer, Georgia Regional Hospital in Savannah, saying she was forced out of her job because she is a lesbian who does not conform to gender norms. In the majority opinion, the court says it was bound by a 1979 precedent. The dissenting judge, however, pointed to a 1989 Supreme Court ruling prohibiting discrimination based on non-conformance to gender norms, and said that precedent should have been applied. Evans’s attorneys say they will ask the full 11-judge court to rehear the case.

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