Windy City Media Group Frontpage News
Celebrating 30 Years of Gay Lesbian Bisexual and Trans News
home search facebook twitter join
Gay News Sponsor Windy City Times 2018-04-18
DOWNLOAD ISSUE
About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage

Sponsor
Sponsor

  WINDY CITY TIMES

11th Circuit rules against employee forced out for being a lesbian
From a Lambda Legal press release
2017-03-10

facebook twitter google +1 reddit email


( Atlanta, March 10, 2017 ) — Today, the U.S. Court of Appeals for the Eleventh Circuit largely affirmed a lower district court's ruling dismissing the lawsuit of Jameka Evans, a security guard who was targeted for harassment and effectively terminated from her job at Georgia Regional Hospital because she is a lesbian and didn't conform to gender norms in her appearance and demeanor. Lambda Legal will seek a rehearing by the full panel — all eleven judges — of the Eleventh Circuit.

Disagreeing with a 2011 opinion he joined in Lambda Legal's case on behalf of Vandy Beth Glenn, a transgender woman fired from her job at the Georgia Assembly, Judge William Pryor said, "Because a claim of gender nonconformity is a behavior-based claim, not a status-based claim, a plaintiff still 'must show that the employer actually relied on her gender tin making its decision.'"

"This is not the end of the road for us and certainly not for Jameka," said Greg Nevins, Employment Fairness Project Director for Lambda Legal. "Keeping your job shouldn't depend on whether or not you pass for straight. There is no way to draw a line between sexual orientation discrimination and discrimination based on gender nonconformity because not being straight is gender-nonconforming, period. Ninety percent of Americans believe that LGBT people should be treated equally in the workplace. The public is on the right side of history, and it's time for the Eleventh Circuit to join us."

In her dissent opinion, Judge Robin S. Rosenbaum joins the U.S. Equal Employment Opportunity Commission and a host of district courts as the first appellate judge to emphatically say, "… I argue that discrimination against a lesbian because she fails to comport with the employer's view of what a woman should be violates Title VII's ban on discrimination "because of . . . sex," and I support this argument with the text of Title VII, Supreme Court precedent, and this Court's opinion in Glenn. I also note that logic is on my side. Of course, the concurrence is free to ignore my analysis rather than respond to it, but that doesn't make it go away."

In April of 2015, Jameka Evans filed a lawsuit in U.S. District Court for the Southern District of Georgia against her former employer, Georgia Regional Hospital, claiming the hospital was violating Title VII by discriminating against her because of her sexual orientation and her nonconformity with gender norms of appearance and demeanor. The district court dismissed her complaint, saying that Title VII does not protect her as a lesbian. In January of last year, Lambda Legal filed its brief with the Eleventh Circuit in its appeal of that ruling, arguing that Jameka must have her day in court, because sexual orientation discrimination is a form of sex discrimination and therefore illegal under Title VII. Just this past December, Greg Nevins argued on Jameka's behalf before the Eleventh Circuit.

Lambda Legal Employment Fairness Project Director Greg Nevins is handling the case.

The case is Evans v. Georgia Regional Hospital.

Read the decision: www.lambdalegal.org/in-court/legal-docs/ga_evans_20170310_decision .

More information about Lambda Legal's work on employment protections is available here: www.lambdalegal.org/issues/employment-and-rights-in-the-workplace .


facebook twitter google +1 reddit email





Windy City Media Group does not approve or necessarily agree with the views posted below.
Please do not post letters to the editor here. Please also be civil in your dialogue.
If you need to be mean, just know that the longer you stay on this page, the more you help us.


  ARTICLES YOU MIGHT LIKE

Gay News

WORLD Pope Francis, Jamaica official, Pakistani trans murder 2018-04-24 - Pope Francis has invited a gay man from Chile who was sexually abused by a priest to meet with him at the Vatican, ...


Gay News

NATIONAL Trans troops, Adam Rippon, Asian groups, bar controversy 2018-04-24 - The top officers of the Navy and Marines said that they have no evidence that unit morale and cohesion has been negatively affected ...


Gay News

Racial-justice workshop April 28 at Univ. Church 2018-04-24 - A free, interactive workshop that offers a new perspective on working for racial justice will take place Saturday, April 28, 9:30 a.m.-1:30 p.m., ...


Gay News

OUT at CHM Undocumented and Queer panel April 24 2018-04-23 - OUT at CHM: Undocumented and Queer will take place at Chicago History Museum, 1601 N. Clark, Chicago on Tuesday April 24. The event ...


Gay News

2018 Lambda Legal Bon Foster honors Judge Pat Logue 2018-04-20 - Joy, love and occasional notes of somberness and urgency described the feel of 2018's Lambda Legal Bon Foster, held on the evening of ...


Gay News

Acceptance of LGBT people and rights has increased around the world 2018-04-19 - LOS ANGELES — New research from the Williams Institute at UCLA School of Law finds average levels of acceptance for LGBT people and ...


Gay News

Free Interactive Workshop on Racial Justice, April 28 at University Church 2018-04-19 - A free, interactive workshop that offers a new perspective on working for racial justice will take place Saturday, April 28 from 9:30 am ...


Gay News

HRC series exposes Pence's career of attacks on LGBTQ Americans 2018-04-19 - WASHINGTON — Today, the Human Rights Campaign ( HRC ), the nation's largest lesbian, gay, bisexual, transgender and queer ( LGBTQ ) civil ...


Gay News

PM expresses regret for anti-LGBT laws 2018-04-19 - London UK — 17 April 2018 — The following is a response to today's statement at the Commonwealth summit in London from the ...


Gay News

Schock corruption trial continues 2018-04-18 - Department of Justice prosecutors and attorney for former U.S. Rep. Aaron Schock ( R-Illinois ) met in a Chicago federal appeals court April ...


 



Copyright © 2018 Windy City Media Group. All rights reserved.
Reprint by permission only. PDFs for back issues are downloadable from
our online archives. Single copies of back issues in print form are
available for $4 per issue, older than one month for $6 if available,
by check to the mailing address listed below.

Return postage must accompany all manuscripts, drawings, and
photographs submitted if they are to be returned, and no
responsibility may be assumed for unsolicited materials.
All rights to letters, art and photos sent to Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago
Gay and Lesbian News and Feature Publication) will be treated
as unconditionally assigned for publication purposes and as such,
subject to editing and comment. The opinions expressed by the
columnists, cartoonists, letter writers, and commentators are
their own and do not necessarily reflect the position of Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago Gay,
Lesbian, Bisexual and Transegender News and Feature Publication).

The appearance of a name, image or photo of a person or group in
Nightspots (Chicago GLBT Nightlife News) and Windy City Times
(a Chicago Gay, Lesbian, Bisexual and Transgender News and Feature
Publication) does not indicate the sexual orientation of such
individuals or groups. While we encourage readers to support the
advertisers who make this newspaper possible, Nightspots (Chicago
GLBT Nightlife News) and Windy City Times (a Chicago Gay, Lesbian
News and Feature Publication) cannot accept responsibility for
any advertising claims or promotions.

 

 

 

TRENDINGBREAKINGPHOTOS

Sponsor
Sponsor


 



Sponsor

About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage


About WCMG      Contact Us      Online Front  Page      Windy City  Times      Nightspots      OUT! Guide     
Identity      BLACKlines      En La Vida      Archives      Subscriptions      Distribution      Windy City Queercast     
Queercast Archives      Advertising  Rates      Deadlines      Advanced Search     
Press  Releases      Event Photos      Join WCMG  Email List      Email Blast     
Upcoming Events      Todays Events      Ongoing Events      Post an Event      Bar Guide      Community Groups      In Memoriam      Outguide Categories      Outguide Advertisers      Search Outguide      Travel      Dining Out      Blogs      Spotlight  Video     
Classifieds      Real Estate      Place a  Classified     

Windy City Media Group produces Windy City Queercast, & publishes Windy City Times,
The Weekly Voice of the Gay, Lesbian, Bisexual and Trans Community,
Nightspots, Out! Resource Guide, and Identity.
5315 N. Clark St. #192, Chicago, IL 60640-2113 • PH (773) 871-7610 • FAX (773) 871-7609.