Successful Dismissal of Widely Debated Issue: Sexual Orientation as a Protected Class

We represented a client that operates correctional facilities, detention centers and workforce development sites to defend a lawsuit brought by a former employee alleging race discrimination, sex discrimination, retaliation and breach of contract. The former employee identified as gay. Before costly discovery was conducted, we moved to dismiss all claims except one. The United States District Court of the Western District of Kentucky granted our motion to dismiss, significantly limiting our client’s exposure. 

The dismissal of the plaintiff’s sex discrimination claim was particularly important because Title VII and the Kentucky Civil Rights Act (KCRA) protections related to sexual orientation have been widely debated in recent years. The United States District Court of the Western District of Kentucky agreed with our arguments and held that sexual orientation is not a prohibited basis under Title VII and the KCRA.