U.S. Supreme Court Refuses to Address Whether Law Prohibits Discrimination Based on Sexual Orientation

The U.S. Supreme Court has refused to hear an appeal in the case of Evans v. Georgia Regional Hospital from the 11th U.S. Circuit Court of Appeals on whether the “sex” in Title VII’s prohibition on workplace discrimination includes “sexual orientation.”

Both the U.S. District Court and the appeals court had ruled that “sex” did not include “sexual orientation.” While the Supreme Court’s action is encouraging in one sense, it appears that the Court refused to take up the case more for procedural reasons than because it agreed with the lower courts.

However, the Supreme Court will most likely resolve the underlying legal issue in the near future, because another such case is pending in the 2nd U.S. Circuit Court of Appeals.

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