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Thursday March 29 8:47 PM ET
Court: Homosexuality Not Protected


SAN FRANCISCO (AP) - An appeals court ruled Thursday that federal civil
rights laws do not protect homosexual workers harassed because of their
sexual orientation.

The 9th U.S. Circuit Court of Appeals (news - web sites), upholding a similar
decision in 1979, said the law protects workers against discrimination only
on the basis of race, color, religion, gender or national origin.

The U.S. Supreme Court (news - web sites) has never decided whether a worker
discriminated against because of sexual orientation can sue under federal
civil rights laws.

Still, 12 states allow such suits under their own anti-discrimination rules.
They are California, Connecticut, Hawaii, Massachusetts, Minnesota, Nevada,
New Hampshire, New Jersey, Oregon, Rhode Island, Vermont and Wisconsin.

The case decided Thursday involved a gay butler who worked in the MGM Grand
Hotel in Las Vegas. He said that from 1994 to 1996 his all-male co-workers
and supervisor subjected him to a hostile work environment, including crude
and demeaning pranks targeting his homosexuality.

The appeals court, ruling 2-1, upheld a 1997 lower-court ruling that said the
man, Medina Rene, could not bring a federal case. Both courts concluded the
harassment was because of his sexual orientation, not his gender.

Although Nevada state laws allow such a suit, Rene did not sue in state court
and the statute of limitations has now expired.




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