Illinois AG Files Amicus Brief in Sexual Orientation Discrimination Case

The AG of Illinois has filed a brief supporting a worker who alleges that he was discriminated against on the basis of sexual orientation. The Eighth Circuit Court of Appeals must decide of sexual orientation is protected under Title VII of the Civil Rights Act.

Chicago, United States - April 5, 2018 /PressCable/ —

On March 14th, 2018, Illinois Attorney General Lisa Madigan announced that she was leading a coalition of sixteen U.S. states in filing an amicus brief in support of the argument that work-related discrimination on the basis of a person’s sexual orientation amounts to a violation of Title VII of the Civil Rights Act of 1964.

An amicus brief is also known as a “friend of the court” brief. It is a legal document that is filed by parties that are non-litigants of the case, in support of one side or the other. Attorneys general, government entities, corporations, and public interest organizations will often file amicus briefs in cases in which they perceive an important interest.

This brief was filed in support of plaintiff Mark Horton, in his appeal against Midwest Geriatric Management, LLC. Mr. Horton’s case arises out of the Eastern District of Missouri, and his appeal is set to go before the United States Court of Appeals for the Eighth Circuit later this year. In this case, Mr. Horton alleges that a prospective employer (Midwest Geriatric) withdrew a job offer after the company found out that he was gay.

Notably, this case is of specific importance to the policymakers in Illinois, where Mr. Horton is a resident. In Illinois, workplace discrimination on the basis of sexual orientation is clearly prohibited as matter of state law. However, Mr. Horton had been offered a job across the border, in Missouri. Currently, Missouri state law does not prohibit employment discrimination on the basis of sexual orientation.

The question that is set to go before the federal court is whether or not all American workers are protected from discrimination on the basis of sexual orientation under Title VII of the Civil Rights Act. This is becoming one of the biggest controversies in employment law.

The attorneys at Goldman & Ehrlich, a Chicago based employment law firm, noted that “This is an important case. There is already an existing circuit split regarding whether or not sexual orientation is protected under Title VII of the Civil Rights Act. Indeed, the Seventh Circuit, which covers the state of Illinois, has already ruled that sexual orientation is a protected class. As more Circuit Courts weigh in on this issue, it is increasingly likely that the Supreme Court will be forced to step in to resolve the issue.”

In the U.S. federal court system, a circuit split occurs when multiple courts reach different decision on the same legal issue. When these splits exist, the Supreme Court of the United States will often intervene to bring uniformity on matters of federal law.

Contact Info:
Name: Arthur
Organization: Goldman & Ehrlich
Address: 20 S Clark St #500, Chicago, Illinois 60603, United States
Phone: +1-312-332-6733

For more information, please visit http://www.goldmanandehrlich.com

Source: PressCable

Release ID: 325404