11th Circuit refuses to revisit sexual orientation decision

Law360 reported this morning that the U.S. Court of Appeals for the Eleventh Circuit refused to rehear the case of Evans v. Georgia Regional Hospital, in which two out of three judges on a panel of the court decided that Title VII did not prohibit discrimination based on sexual orientation. Here is a copy of the Court's order denying the rehearing.

According to the Law360 article, Lambda Legal intends to seek review from the U.S. Supreme Court. As I think most of our readers know, the Supreme Court does not have to review the decision, but it might, because of the importance of the legal issue and a split in the circuits. (The Seventh Circuit decided in April that Title VII does prohibit sexual orientation discrimination. The Second Circuit will be making that decision in another pending case.)

Should be interesting, and we'll continue to follow!

Image Credit: From flickr, Creative Commons license, by State Farm Insurance.

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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