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.
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!
- Of Counsel & Chief Legal Editor
Robin also conducts internal investigations and delivers training for HR professionals, managers, and employees on topics such as harassment prevention, disability accommodation, and leave management.
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This is Constangy’s flagship law blog, founded in 2010 by Robin Shea, who is chief legal editor and a regular contributor. This nationally recognized blog also features posts from other Constangy attorneys in the areas of immigration, labor relations, and sports law, keeping HR professionals and employers informed about the latest legal trends.

