Thursday, March 16, 2017

The 11th Circuit’s Odd LGBT Discrimination Decision - WORKFORCE

by Jon Hyman
Originally published: March 15, 2017

The 11th Circuit Court of Appeals, in Evans v. Georgia Regional Hosp. [pdf], recently held that Title VII does not protect sexual-orientation discrimination per se, and that to sufficiently plead such a cause of action under Title VII, one must allege facts sufficient to establish that the employer discriminated based on non-conformity with sex-based stereotypes.

As such, this decision directly conflicts with the formal position of the EEOC (a priority that EEOC Commissioner Chai Feldblum announced will not change under President Trump), and expected decision by the 2nd and 7th Circuits.

The most curious aspect of the decision, however, comes from the concurring opinion of Judge William Pryor (whom President Trump had considered to fill Justice Antonin Scalia’s Supreme Court seat).