Members of Congress Urge Full 11th Circuit to Rehear Anti-Gay Discrimination Case

By Adam Polaski • April 14, 2017 • 12:02 pm

This week several members of the U.S. Congress urged the U.S. Court of Appeals for the 11th Circuit (which has jurisdiction over Alabama, Florida, and Georgia) to grant a rehearing in Lambda Legal’s case Evans v. Georgia Regional HospitalThe case concerns a woman who was harassed and fired from her job because of her sexual orientation, and the case seeks a ruling that Title VII of the U.S. Civil Rights Act, which prohibits discrimination based on sex, also prohibits this sexual orientation-based discrimination.

In March a 3-judge panel ruled against the plaintiff, Jameka Evans, upholding what was largely a dismissal of her case. Now, Lambda Legal and other legal advocates are hopeful that the 11th Circuit will grant a re-hearing before the full circuit court.

The members of Congress who submitted their brief – Senator Jeffrey Merkley (OR), Senator Tammy Baldwin (WI), Senator Cory A. Booker (NJ), and Rep. David N. Cicilline (RI) – wrote passionately in favor of a rehearing:

“Varying interpretations of Title VII have led to uncertainty in the workplace and left LGBT Americans inconsistently protected from workplace harassment and discrimination, despite applicable federal law. We firmly believe that Title VII’s sex discrimination provision already prohibits discrimination based on an individual’s sexual orientation and gender identity. We urge the court to grant plaintiff-appellant Evans’s petition for rehearing en banc in order to overrule erroneous Eleventh Circuit precedent to the contrary.”

Read more about this development here. 

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