The issue of whether Title VII prohibits sexual orientation bias will have to be resolved another day.
This week the U.S. Supreme Court denied a petition for writ of certiorari filed by the plaintiff in Evans v. Georgia Regional Hospital. In Evans, the majority of a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit held that sexual orientation discrimination was not prohibited by Title VII.
I have blogged about the 11th Circuit decision here and here. The Supreme Court's decision not to review Evans means that the 11th Circuit decision will remain in place and will be controlling law in the states of Alabama, Florida, and Georgia.
The plaintiff was represented by the Lambda Legal Defense and Education Fund, Inc., and the Stanford Law School Supreme Court Litigation Clinic.
The full U.S. Court of Appeals for the Seventh Circuit came to the opposite conclusion in Hively v. Ivy Tech, meaning that sexual orientation discrimination does violate Title VII in Illinois, Indiana, and Wisconsin. The full U.S. Court of Appeals for the Second Circuit (Connecticut, New York, and Vermont) will be deciding the issue in the not-too-distant future in Zarda v. Altitude Express, the case in which the Equal Employment Opportunity Commission and the U.S. Department of Justice have taken contrary positions.
Someday this issue will be resolved once and for all, but apparently not in our lifetimes.
Of Counsel & Chief Legal EditorRobin 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.
