Executive Summary: As these authors have previously reported, several cases analyzing whether sexual orientation is protected by Title VII of the Civil Rights Act of 1964 have been winding their way through the courts. The Eleventh Circuit, in Evans v. Georgia Regional Hospital, and the Second Circuit, in Christiansen v. Omnicom Group, Inc., have now ruled on the cases before them. But they offer little more clarity on the subject. While both held that they are bound by prior precedent that Title VII does not prohibit sexual orientation discrimination, the dissenting opinion in Evans, and the concurring opinion in Christiansen, suggest that it should.
Home > Federal Law Articles > Sex and Gender Discrimination > Sexual Orientation And Gender Identity > Second and Eleventh Circuits Rule They are Bound by Prior Precedent that Title VII Does Not Prohibit Sexual Orientation Discrimination, but Some Judges Suggest It Should