By a 2-1 margin, a three-judge panel on the 11th Circuit on Friday rejected a security guard’s claim that legal protections against sex discrimination can be stretched to include sexual orientation discrimination, in a case where the guard claimed a hospital fired her because she was a lesbian. The majority opinion relied on a 1979 ruling that stated sexual orientation is not covered by Title VII. A more recent 2011 case held that gender noncomformity could be used as the basis for a sex discrimination claim, but that, as concurring Judge William Pryor wrote, “[a] gay individual may establish with enough factual
