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Mon Mar 13, 2017, 02:53 PM

11th U.S. Circuit Court of Appeals: Discrimination against gay workers not prohibited

Source: Associated Press

Court: Discrimination against gay workers not prohibited

By KATE BRUMBACK
Mar. 13, 2017 3:16 PM EDT

ATLANTA (AP) In a setback for gay rights advocates hoping for an expansion of workplace discrimination protections, a federal appeals court in Atlanta has ruled that employers aren't prohibited from discriminating against employees because of sexual orientation.

A three-judge panel of the 11th U.S. Circuit Court of Appeals on Friday ruled 2-1 that Title VII of the Civil Rights Act of 1964, which prohibits workplace discrimination based on a variety of factors, doesn't protect against workplace discrimination based on sexual orientation.

The case was one of two that Lambda Legal had pending before federal appeals courts along with an Indiana case at the 7th U.S. Circuit Court of Appeals in Chicago that the LGBT rights group had hoped would mark a significant step forward for gay rights.

Jameka Evans in April 2015 sued her former employer, Georgia Regional Hospital in Savannah, alleging that she was discriminated against and effectively forced from her job as a security guard because she is a lesbian and didn't conform to gender norms.

Visiting Judge Jose E. Martinez wrote in the majority opinion that the court was bound by precedent set by a 1979 case that said Title VII doesn't prohibit "discharge for homosexuality." Other circuits have also found that sexual orientation is not a protected class under that law, Martinez wrote.

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Read more: http://bigstory.ap.org/article/7cf28f27f2af4c7babb78d4043baa958/court-discrimination-against-gay-workers-not-prohibited

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