Under both federal and state employment law, Georgia employers are not prevented from hiring or firing on the basis of sexual orientation. Or are they?
A complaint filed with the Equal Employment Opportunity Commission by Flint Dollar, a gay former music teacher, may expand the boundaries of recent case law. Dollar had never concealed his sexual orientation from his employer, Mount de Sales Academy, a Catholic school in Macon, Georgia, and the school had not made an issue of it. But when he announced his plans to marry his longtime partner, school officials dismissed him. They cited no problems with his past job performance or complaints from students or parents.
While Title VII of the Civil Rights Act prohibits discrimination on the basis of "race, color, religion, sex and national origin," it has never specifically prohibited discrimination on the basis of sexual orientation. Attempts to claim that such cases are "sex" discrimination cases have rarely worked, because that prohibition has generally been held to cover only "gender" discrimination."
A recent Washington, D.C. case may have changed that, however. In a suit against the Library of Congress, a gay plaintiff claimed that he was penalized for having a romantic interest in men, while women in the same office were not. His lawyers argued that this disparate treatment was a form of gender discrimination. A federal district court allowed the case to proceed, in spite of the Department of Justice's attempts to have it dismissed.
Now Dollar has filed his complaint with the EEOC alleging that firing him because of his decision to enter into a same-sex marriage is form of gender discrimination.
While constitutional scholars continue to question whether sexual orientation falls within the scope of "sex" under Title VII, they acknowledge that the argument might work. If successful, the Dollar case could change the legal landscape for gay victims of employment discrimination.
For over two decades, the attorneys of Pankey & Horlock, LLC have represented employees throughout Atlanta who have faced illegal discrimination in the workplace. If you were treated unfairly during the hiring or firing process or during the course of your employment, you deserve justice and compensation for your suffering. Contact our knowledgeable legal team to schedule your confidential free case evaluation. Call (770)670-6250 today.