by Erin Rook
Originally published: March 11, 2017
A federal court ruled that a lesbian was not protected from anti-gay workplace discrimination under the Civil Rights Act’s prohibition on sex-based discrimination prohibition, ignoring a Supreme Court precedent in the process, the Washington Blade reports.
Jameka Evans said that she was harassed, and effectively fired from her job at Georgia Regional Hospital, for being a lesbian. Lambda Legal argued on her behalf that Title VII of the Civil Rights Act of 1964, which bars discrimination on the basis of sex, protect Evans from discrimination based on her sexual orientation and gender expression.
But a three-judge panel on the 11th Circuit Court of Appeals ruled 2-1 that Title VII does not cover anti-LGBT discrimination. And while the panel allowed Evans to amend her complaint to alleged discrimination based on sex stereotyping, it ultimately found that “she did not provide enough factual matter to plausibly suggest that her decision to present herself in a masculine manner led to the alleged adverse employment actions.”