Last year, we updated with an opinion by the U.S. Court of Appeals for the 11th Circuit in the case of EEOC v. Catastrophe Management Solutions, which upheld a decision by the district court that dismissed the complaint of a black job applicant that refused to cut her dreadlocks. The company rescinded her offer of employment pursuant to its “race neutral” grooming policy.
Well, now, the same court has recently ruled that the Civil Rights Act of 1964 does not prohibit discriminating against employees because of their sexual orientation. The case is Jameka Evans v. Georgia Regional Hospital, et al., and similar to the opinion in Catastrophe Management Solutions, the court noted that Congress sets policy, and would have to designate sexual orientation as a protected class. Unlike the aforementioned case, the Court further remanded the matter to the lower court, with instructions that the Plaintiff be allowed to amend her complaint to address the claim that she was discriminated against because of gender-based behavior (as sex discrimination is prohibited conduct). We’ll keep an eye on this matter and update accordingly. DEE
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