Advertising Disclosure Email Disclosure

Third Circuit precedent does not permit litigants to bring sexual orientation discrimination claims under Title VII.

July 1, 2019
David Troutman v. Hydro Extrusion USA, LLC, No. 3:18-cv-2070, 2019 WL 2249957, 2019 U.S. Dist. LEXIS 87716 (M.D. Pa. May 24, 2019)

In May, a federal judge sitting in the Middle District of Pennsylvania dismissed a lawsuit filed by a gay aluminum manufacturing worker who had claimed he was subjected to harassment and a hostile work environment on the basis of his sexual orientation. The plaintiff alleged that he was verbally harassed and abused by coworkers over a four-year period after he revealed his sexual orientation, and when he complained to management, the harassment and abuse went unabated. Citing a two-decade old Third Circuit case, Bibby v. Coca Cola Bottling Co., 260 F.3d 257 (3d Cir. 2001), Judge Munley dismissed the plaintiff’s Title VII claims on the basis that sexual orientation is not a protected class under the statute.

Bibby may be overruled later this year when the United States Supreme Court decides whether the statute can be read to apply to discrimination based on sexual orientation or transgender status. The Court has granted certiorari in three cases: Altitude Express Inc. v. Zarda, No. 17-1623, Bostock v. Clayton Cnty., Ga., No. 17-1618, and R.G. & G.R. Harris Funeral Homes v. EEOC, No. 18-107, all of which concern whether Title VII’s protections extend to plaintiffs who identify as gay, lesbian, bisexual and/or transgender. 


Case Law Alerts, 3rd Quarter, July 2019

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2019 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Affiliated Attorney

Monica L. Simmons
(215) 575-2658

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."