96 Tex. L. Rev. Online 1 (2017-2018)

handle is hein.journals/seealtex96 and id is 1 raw text is: 











Texas Law Review Online
Volume  96


Article




Against Gay Potemkin Villages:

Title   VII and Sexual Orientation

Discrimination

Anthony Michael Kreis*

     To help pay for school, Jameka Evans took a job as a security guard at
Georgia Regional Hospital in Savannah.' Evans is a lesbian but never spoke
about her  sexuality at work.2 Her silence did not conceal  her identity,
however. Evans's  masculine clothing and hairstyles telegraphed her sexual
orientation to colleagues.3 Evans claims she was harassed and penalized at
work  because of her masculine characteristics and sexual orientation.4 The
hostile work environment,  she alleged, arose from her failing to comport
with her supervisor's expectation that she act in a traditional woman[ly]
manner.'  Evans  quit  and filed a  Title VII  claim alleging  she was
discriminated against because of her sex. Specifically, Evans proffered the
adverse treatment arose from her gender nonconformity.6
     Title VII forbids employers  from discriminating against employees



   * Visiting Assistant Professor, Illinois Institute of Technology Chicago-Kent College of Law.
Ph.D., University of Georgia School of Public and International Affairs, J.D., Washington and Lee
University, B.A., University of North Carolina at Chapel Hill. Thanks to Marty Malin, Greg
Nevins, Elizabeth DeArnond, Kathleen Perrin, Kent Streseman, Mary Rose Strubbe, and my
students for thought-provoking conversations on the subject and exceedingly helpful feedback.
   1. Evans v. Georgia Reg'1 Hosp., 850 F.3d 1248, 1251 (11th Cir. 2017); see Matt Hennie,
Guard: Georgia hospital fired me for being gay, PROJECT Q ATLANTA, Jan. 7, 2016,
http://www.projectq.us/atlanta/guardsaysgeorgia hospital fired her for beinggay?gid=17501
[https://perna.cc/X7YH-D4HB].
   2. Evans, 850 F.3d at 1251.
   3. Id.
   4. Id.
   5. Id. (alteration in original).
   6. Id. at 1250.

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