Supreme Court Denies Hearing for LGBT Workplace Discrimination Case

NATION-NOW     Supreme Court won't hear LGBT job discrimination case     
       Supreme Court won't hear LGBT workplace bias case

The Supreme Court's decision not to hear Evans' appeal is not a ruling on the merits of her claim.

Today the top court declined to hear a lawsuit from a woman in Georgia who claims she was harassed and forced out of her job as a hospital security guard because of her sexual orientation.

Advocates behind Evans' petition, however, had been hoping to get the issue before the Supreme Court during the term underway currently - a prospect that now is out of reach and could become key should the court be closely divided on the issue and Justice Anthony Kennedy or one of the more liberal justices leave the court before the matter is heard.

Jameka Evans, represented by Lambda Legal, had asked the justices to hear her case arguing that Title VII of the Civil Rights Act of 1964 protects against sexual orientation discrimination because it is a type of sex discrimination barred under the law.

"It is actually impossible to discriminate on the basis of sexual orientation without discriminating on the basis of sex", Chief Judge Diane Wood wrote.

In September, Lambda Legal argued before the full Second Circuit, which is reexamining two of its precedents in Zarda v. Altitude Express, the case of a NY skydiving instructor who was sacked from his job because he was gay.

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Lawyers for Lambda Legal wished the high court would perceive the case of Jameka K. Evans vs. Georgia Regional Hospital to determine the discussion and complicate a resolution with country wide influence.

"The public is on the right side of history; it's unfortunate that the Supreme Court has refused to join us today, but we will continue to invite them to do the right thing and end this hurtful balkanization of the right of LGBT people to be out at work", Mr. Nevins said.

In the discrimination cases, the administration is divided. Title VII prohibits employment discrimination based on a number of factors, including sex.

Because the EEOC is an independent agency with litigation authority, its position doesn't have to conform with the Justice Department. The 7th Circuit sided with Hively eight to three, finding existing anti-discrimination law applies to LGBT workers.

Well, it could mean that the Court is waiting for other appeals courts, such as the one in NY, to rule.

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