Lockaby PLLC
Contact Us In Lexington:
859-687-8900

Supreme Court (For Now) Refuses to Review Whether Sexual Orientation Discrimination Violates Title VII

On December 11, 2017, the Supreme Court of the United States denied a petition for certiorari -- a request that the Court review the decision of a lower court -- in the Evans v. Georgia Regional Hospital matter, a case in which the Eleventh Circuit Court of Appeals decided that sexual orientation discrimination does not violate Title VII of the Civil Rights Act of 1964. We previously covered the Evans matter here.

While the Supreme Court's decision is most certainly frustrating to the LGBTQ community, it is not altogether surprising. As the Hospital's response to the cert petition made clear, Evans had never served the Hospital with process (i.e., never properly brought the Hospital under the federal courts' jurisdiction) and, as a result, the Hospital never fully participated in the adversarial process.

The Supreme Court didn't provide a reason for its denial of the petition, but this lack of participation was most likely central to its decision. Absent full participation and an exhaustive treatment of the issues, the Court is simply less likely to rule on an issue that will affect individuals across the country.

There are many others cases currently making their way through the federal courts in which the parties are arguing whether sexual orientation discrimination is prohibited under Title VII. With there now being a circuit split (the Seventh Circuit Court of Appeals ruled in April 2017 that it does), the Supreme Court is nearly guaranteed to review this issue soon.

No Comments

Leave a comment
Comment Information
Email Us For A Response

How Can We Be Of Service?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Office Location:

1795 Alysheba Way
Suite 4207
Lexington, KY 40509

Phone: 859-687-8900
Fax: 844-270-3044
Lexington Law Office Map

Office Number:

Email Us

Let us show you the Lockaby PLLC difference.
Call us today for a free initial consultation: 859-687-8900.