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 2018-01-17
DOWNLOAD ISSUE
About WCMG Publications News Index  Entertainment Features Bars & Clubs Calendar Videos Advertisers OUT! Guide    Marriage

Sponsor
Sponsor
Sponsor

  WINDY CITY TIMES

Judge dismisses Cicero discrimination suit
by Matt Simonette
2016-08-05

facebook twitter google +1 reddit email


A federal judge, on Aug. 1, ruled that a painter in a Cicero high school could not bring Title VII discrimination charges against school officials, though the judge's decision described the painter's workplace treatment—because he was perceived by co-workers as gay—as "appalling."

The case, which was originally reported Aug. 2 by the Cook County Record, highlighted the lack of available recourse in the federal courts for discrimination on the basis of sexual orientation, as did a similar lawsuit in an appellate court the previous week.

Lubomir Matavka, who worked at Morton East High School from 2010-2012, alleged that he was subjected to repeated incidents of harassment there, so he filed a lawsuit in the Northern District of Illinois claiming Title VII employment discrimination against Morton High School District 201 late last year.

Title VII is the category of the Civil Rights Act of 1964 extending protections against employment discrimination on the basis of race, national origin, sex and religion. Matavka's lawyers were arguing for a more robust interpretation of sex-discrimination that would extend to LGBT individuals; that definition has been utilized recently by the Equal Employment Opportunity Commission, for example.

But Judge Milton I. Shadur ruled that such an application was not binding by federal law in this case. Employment discrimination on the basis of sexual orientation is still not a recognized protected category in the eyes of the federal government.

A status hearing on Matavka's case coincidently fell July 29, the day after the U.S. Seventh Circuit Court of Appeals upheld a lower court's dismissal of a suit by Kimberly Hively, an Indiana college professor, who claimed that her college, Ivy Tech Community College, would not promote her because she is a lesbian. Shadur was bound to the appellate court's decision and lamented the current deficiencies in the law in his own decision.

Shadur wrote that, "…[The] EEOC has announced its reconsideration of the proper reading of the word 'sex' in Title VII ( a change of position that is not of course binding on the federal judiciary ). But it is not alone in its desire to conform the law to the changes in public perception that have created judicial turmoil because Congress has been unresponsive to the widespread sense that public opinion no longer subscribes to the constricted mindset reflected in the [dictum from Ulane v. Eastern Airlines, Inc., which earlier established that LGBTs were not subject to the protections]."

The Equality Act, introduced in July 2015, would theoretically rectify the issue if passed by Congress and signed into law by the president. It would extend all protections from the 1964 Civil Rights Act to members of the LGBT community.

Cook County Record's article is at bit.ly/2ar2dyj.


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

National roundup: Lambda Legal, trans activist killed, Chelsea Manning 2018-01-16 - Employees at Lambda Legal voted 42-8 in favor of forming a union at the nation's oldest and largest legal organization working for the ...


Gay News

Lambda Legal employees win union election 2018-01-13 - Employees at Lambda Legal voted 42-8 in favor of forming a union at the nation's oldest and largest legal organization working for the ...


Gay News

After 11 years, Lambda Legal's Jim Bennett steps down and reflects 2018-01-05 - Jim Bennett remembers what he thought of Lambda Legal before they hired him. "My first impression was that they were extraordinarily smart ...


Gay News

New report out on harms of legalizing discrimination in child services 2017-12-18 - WASHINGTON - Today, the Human Rights Campaign ( HRC ) Foundation, the educational arm of the nation's largest lesbian, gay, bisexual, transgender and ...


Gay News

US Supreme Court Denies Lambda Legal Appeal of LGBT Employment Discrimination Case 2017-12-11 - WASHINGTON ( December 11, 2017 ) — Today, the U.S. Supreme Court announced it will not review the Lambda Legal case on behalf ...


Gay News

Australia legalizes same-sex marriage 2017-12-07 - After years of debate, Australia's Parliament has voted to legalize same-sex marriage, becoming the 24th in the world to do so, CNN reported. ...


Gay News

LGBT legal event with ACLU's Strangio Nov. 7 2017-10-31 - "What can the law do for LGBT rights? A conversation with ACLU's Chase Strangio" will take place Tuesday, Nov. 7, 5-7 p.m., at ...


Gay News

Lambda Legal to High Court: Religious License to Discriminate Harms LGBT People Cradle to Grave 2017-10-30 - Lambda Legal, joined by Family Equality Council and 11 other organizations, today submitted a friend-of-the-court brief to the U.S. Supreme Court in Masterpiece ...


Gay News

Survey findings illustrate Illinois trans community challenges 2017-10-22 - A report released this month calls attention to myriad challenges facing members of Illinois' transgender community. The 2015 U.S. Transgender Survey, released at ...


Gay News

ACLU and Lambda Legal Announce Proposed Settlement With North Carolina 2017-10-20 - RALEIGH, N.C. — Transgender people in North Carolina will not be barred from using public restrooms and other facilities that match their gender ...


 



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


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.