Sexual Orientation – LGBTQ Discrimination Denied Under Title VII

Sexual Orientation – LGBTQ Discrimination Denied Under Title VII

Sexual Orientation – LGBTQ Discrimination Denied Under Title VII

The 11th Circuit, full federal appeals court in Georgia declined to take up the discrimination claim of a gay man who says he was fired after 13 years because of his sexual orientation.  There were two dissenters who argued that the majority relied on decades-old precedent to turn down the case.

The U.S. Court of Appeals for the 11th Circuit denied to take Gerald Lynn Bostock’s case en banc Tuesday in a 9-2 ruling, upholding a panel decision that sided with the Clayton County, Georgia, Juvenile Court System.  The initial lawsuit was filed against Clayton County, claiming Bostock was fired in 2013 as a child welfare services coordinator after he revealed that he was gay to his co-workers and supervisors.

The question before the court was whether protections ensured by Title VII of the Civil Rights Act of 1964 extend to sexual orientation, in addition to race, national origin, religion and sex. This issue has divided federal appeals courts, as well as government agencies, in recent years. This matter is primed for the Supreme Court to take up this issue, but it is unfortunate that the Court will now be out of balance for a positive result to this question.

Fortunately, in Philadelphia the Philadelphia Commission on Human Relations protects same sex discrimination, but if you work in the outlying counties, there are no protections afforded to LGBTQ workers who suffer discrimination.

Robert Maizel is an Experienced Trial Attorney in Philadelphia, Pa. with over fifteen years of trial experience. 

I personally represent my clients and take your case to win! You will speak to an attorney about your case!

We have offices located in both Center City Philadelphia and Jenkintown, Pennsylvania.  Attorney Robert Maizel serves as Of Counsel to the Law Offices of Saffren & Weinberg.

Call us at 215-695-3000 to schedule your free consultation.