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Media Alerts - Evans v. Georgia Regional Hospital Charles Moss, et. al. - 11th Circuit
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March 27, 2017
  Evans v. Georgia Regional Hospital Charles Moss, et. al. - 11th Circuit
Headline: Eleventh Circuit holds Title VII affords relief for gender non-conformity discrimination, but not sexual orientation discrimination.

Area of law: Constitutional Law, Civil Rights

Issue: Whether a Title VII claim is available for both gender non-conformity and sexual orientation discrimination.

Extended Summary: Jameka Evans ("Evans") filed a pro se Title VII complaint seeking recovery based on sexual orientation and gender non-conformity discrimination, as well as retaliation, which allegedly occurred during her employment at Georgia Regional Hospital. The magistrate judge found that Evans' first claim, sexual orientation discrimination, was not proper under Title VII. With regard to the gender non-conformity discrimination claim, the magistrate judge concluded that it was just another way to allege what was contained in the first count. The district judge dismissed the complaint, adopting the magistrate judge's report and recommendation. The Eleventh Circuit affirmed the dismissal of the first count finding that it was not cognizable as a Title VII claim. However, the court found the second count for gender non-conformity discrimination was a permissible, valid and separate, distinct avenue for relief under Title VII. The court also found Evans' argument relating to the retaliation claim was deemed waived. Accordingly, the Eleventh Circuit affirmed in part, vacated in part, and remanded for further proceedings.

Judge William Pryor concurred with a separate opinion. Judge Rosenbaum concurred in part and dissented in part.

To view the full opinion: http://media.ca11.uscourts.gov...ub/files/201515234.pdf

Panel: William Pryor and Rosenbaum, Circuit Judges, and Honorable Jose E. Martinez, United States District Judge for the Southern District of Florida, sitting by designation.

Argument: December 15, 2016

Date of Issued Opinion: March 10, 2017

Docket Number: 15-15234

Decided: Affirmed in part, vacated in part and remanded.

Case Alert Authors: Luis Garcia, Shantell Monreal, and Uxsunn Ramirez

Counsel:
Gail S. Coleman for Amicus Curiae Equal Employment Opportunity Commission
Gregory R. Nevins for Appellant Jameka K. Evans

Author of Opinion: Jose E. Martinez, United States District Judge

    Posted By: Gary Kravitz @ 03/27/2017 05:43 PM     11th Circuit  

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