Heterosexual Can’t Make Discrimination Claim
An employee sued her former employers for discrimination based on sexual orientation and retaliation under Title VII and Louisiana law. The plaintiff’s complaint centers on her employers’ response to a Facebook post she made calling out a person in the LGBT community that ultimately led to her firing. The employer took offense to the post because she was a member of the LGBT community. The former employee claimed discrimination based on her heterosexual orientation. The Fifth Circuit affirmed dismissal holding Title VII does not prohibit discrimination based on sexual orientation and her retaliation claim did not encompass retaliation based on the employee's complaints about sexual orientation discrimination. Under state law, Louisiana's constitutional guarantee of freedom of expression did not preclude private individuals or entities from imposing restrictions on expression.