Supreme Court Avoids Sex Orientation Case

By Bernie Siebert In an move that surprised many Supreme Court watchers, the Court declined to hear the case of Evans v. Regional Hospital et al. The case raised the issue of whether the prohibition in Title VII against employment discrimination because of sex encompasses sexual orientation. The Eleventh Circuit ruled that Title VII did not […]

Attorney General Nixes Title VII Gender I.D. Protection

By Brooke Colaizzi Attorney General Jeff Sessions informed U.S. Attorneys and federal agencies on Wednesday that Title VII does not protect gender identity as a status. Noting that the position was a “conclusion of law, not policy,” Sessions announced the Department of Justice’s conclusion that under statute, discrimination because of gender identity or transgender status […]

Suspension Not Materially Adverse

By Bill Wright A retaliation claim under Title VII requires proof of a “materially adverse action.”  Short of discharge, what could be more materially adverse than a suspension?  The Fifth Circuit Court recently ruled that even a suspension is not always materially adverse.  The plaintiff will have to show that the suspension caused “physical, emotional, […]

Sexual Orientation Discrimination Illegal

By Bill Wright The Seventh Circuit Court of Appeals is the first federal appellate court in the country to rule that Title VII already protects employees from discrimination because of sexual orientation. In every other case that has previously reached a federal court of appeals, the court has ruled the employee could proceed only on […]

Sexual Orientation: Status Or Conduct?

By Bill Wright In Evans v. Georgia Regional Hosp. et al., No. 15-15234 (11th Cir. March 10, 2017), the panel of three Court of Appeal judges produced three opinions. Two of the judges argued amongst themselves over a point of legal analysis.  One judge maintained that Title VII does not protect people from discrimination based […]