LGBT advocacy group, Lambda Legal, and a lesbian former hospital security guard asked the Supreme Court to settle a widening division between the circuit courts of appeal on whether Title VII of the Civil Rights Act of 1964 bars employers from discriminating against workers because of their sexual preference. The advocacy group filed a petition for certiorari asking the Supreme Court to hear Jameka Evans’ appeal of an Eleventh Circuit ruling, indicating that Georgia Regional Hospital could discriminate against her because she is gay, asking the Supreme Court to overturn precedent putting sexual orientation out of Title VII’s reach in all circuits, except the Seventh Circuit.
In the fifty years since Congress expanded federal discrimination prohibitions with the landmark Civil Rights Act of 1964, each federal appeals court has ruled that Title VII’s ban on bias “because of . . .sex” does not cover sexuality. Gay workers and their advocates have recently challenged that precedent, gaining some success. The Seventh Circuit, in a July, 2016 En Banc decision, found that Title VII bars sexual orientation discrimination.
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