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Hamner v. St. Vincent Hospital and Health Care Center, Inc.

Homosexuals are not a protected class under Title VII of the Civil Rights Act and generally cannot sue their employer for discrimination based solely on sexual orientation.

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The full case caption appears at the end of this opinion.Manion, Circuit Judge. Gary Hamner sued hisformer employer, St. Vincent Hospital, underTitle VII, alleging that the hospital terminatedhim in retaliation for submitting a sexualharassment grievance. The case went to trial. Atthe conclusion of Hamner’s case-in-chief, thehospital moved for judgment as a matter of law,arguing that Hamner’s grievance only alleged thathe was harassed because of his sexual orientation(not because of his sex), and thus he failed topresent sufficient evidence for a reasonable juryto find that he opposed an unlawful employmentpractice under Title VII. The magistrate judgegranted the hospital’s motion, concluding thatHamner failed to establish the first element ofhis retaliation case because he failed to showthat he opposed an unlawful employment practiceunder Title VII. Hamner appeals, and we affirm.

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