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Court Revives Suit Against Employer that Allegedly Denied Woman Promotion for Not Being Korean

The Eleventh Circuit recently gave new life to a plaintiff’s claims of employment discrimination in Jefferson v. Sewon America, Inc., 2018 WL 2449228 (11th Cir. June 1, 2018). Jerberee Jefferson, an African-American woman, filed suit against her former employer, Sewon America, Inc., for racial discrimination and retaliatory termination.  Although Jefferson began her career at Sewon...

Eleventh Circuit Declines to Revisit Dreadlocks Discrimination Case En Banc

Nearly a full year after issuing a revised opinion supporting an initial holding that hairstyles and other “cultural characteristics”—like dreadlocks—cannot form the basis for a Title VII claim of intentional racial discrimination, the Eleventh Circuit denied the Equal Employment Opportunity Commission’s petition for rehearing en banc in EEOC v. Catastrophe Management Solutions (CMS),...

Plaintiff in Sexual-Orientation Discrimination Case Files En Banc Petition, Highlighted by Newly Created Circuit Split

A high-profile Seventh Circuit decision and a circuit split may increase the likelihood of the Eleventh Circuit granting rehearing en banc in Evans v. Georgia Regional Hospital, a decision we covered here last month.  A divided panel in Evans held that—unlike discrimination based on gender non-conformity—discrimination based on sexual orientation is not prohibited by Title VII.  As...

Discrimination Based on Gender Non-Conformity Is Prohibited by Title VII; Discrimination Based on Sexual Orientation Is Not

In Evans v. Georgia Regional Hospital, 2017 WL 943925 (Mar. 10, 2017), the Eleventh Circuit considered an issue that has been the subject of much judicial and academic debate in recent years:  How does Title VII’s prohibition on discrimination “because of . . . sex” apply to claims of LGBT discrimination?  Perhaps unsurprisingly, the court was sharply split on the answer, with each...

District Court Improperly Excluded Co-Worker’s Affidavit in Granting Summary Judgment to Employer on Sex Discrimination Claim

In a published opinion in Furcron v. Mail Centers Plus, LLC, 2016 WL 7321211 (Dec. 16, 2016), the Eleventh Circuit reversed the district court’s grant of summary judgment to the defendant on the plaintiff’s sex discrimination claim and affirmed the district court’s grant of summary judgment to the defendant on the plaintiff’s retaliation claim. On the sex discrimination claim, the...

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