Lambda Legal and associated attorneys have filed a petition appealing Evans v. Georgia Regional Hospital with the Supreme Court. Jameka Evans says she lost her job and hospital supervisors discriminated against her because of her male uniform, shot haircut, and perceived homosexuality, and her case claims that her firing was unlawful sex discrimination under Title VII of the Civil Rights Act.
Evans previously lost an appeal at the U.S. Court of Appeals for the Eleventh Circuit, where the divided court cited a binding 1979 circuit precedent that said, “discharge for homosexuality is not prohibited by Title VII.”
In April, the U.S. Court of Appeals for the Seventh Circuit became the first federal appeals court since 1964 to rule that Title VII is meant to bar discrimination based on sexual orientation.
The Seventh Circuit cited Loving v. Virginia, and the split verdict between the two circuit courts could compel the Supreme Court to take her appeal.