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Lambda to 11th Circuit: Law prohibits discrimination against lesbian employee
From a press release
2016-01-07

This article shared 5704 times since Thu Jan 7, 2016
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"Georgia Regional Hospital targeted Jameka Evans for termination because she is a lesbian. It is time for employers to recognize that discrimination on the basis of sexual orientation is a form of sex discrimination, and is unlawful."

( Atlanta, January 7, 2016 ) — Today, Lambda Legal urged the U.S. Eleventh Circuit Court of Appeals to reverse a lower court ruling and allow Jameka Evans to present her case alleging that Georgia Regional Hospital of Savannah harassed and punished her, eventually forcing her resignation, because she is a lesbian.

"Nationwide, employers of LGBT people are still ignoring the many rulings of the EEOC and federal district courts across the country specifically holding that allegations of sexual orientation discrimination in the form of gender stereotyping may be brought under Title VII of the federal Civil Rights Act of 1964," said Lambda Legal Counsel Greg Nevins. "The EEOC made it plain just last year in Baldwin v. Foxx that sexual orientation discrimination 'necessarily' is sex discrimination. Georgia Regional Hospital targeted Jameka Evans for harassment and eventually termination because she is a lesbian. It is time for employers to recognize that discrimination on the basis of sexual orientation is a form of sex discrimination, and is unlawful."

Last April, 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 Ms. Evans' complaint, arguing that Title VII does not protect employees from such discrimination. Today, Lambda Legal filed its brief with the Eleventh Circuit in its appeal of that ruling, arguing that Evans must have her day in court, because sexual orientation discrimination is sex discrimination under Title VII.

For years, Lambda Legal has been explaining to courts that Title VII, when properly understood, protects LGBT employees. Three of Lambda Legal's successful efforts in 2014, in federal courts in Seattle, Chicago, and Washington D.C., were cited by the EEOC in Baldwin v. Foxx. In September, Lambda Legal appeared before the U.S. Seventh Circuit Court of Appeals on behalf of Kim Hively, a college instructor fired from her job for being a lesbian whose similar Title VII claim was also dismissed by a federal district court in Indiana.

"I worked hard at Georgia Regional Hospital because I needed that job to help me pay for school. It's not fair that I could be forced out of my job because my supervisor doesn't like that I am a lesbian and I don't look like how he thinks a woman should look. I just want my day in court," Jameka Evans said. "I just want my day in court."

Lambda Legal Counsel Greg Nevins is handling the case.

The case is Evans v. Georgia Regional Hospital.

Read opening brief: www.lambdalegal.org/in-court/legal-docs/ga_evans_20160107_appellant-initial-brief

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

Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV through impact litigation, education and public policy work.


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