A federal judge has dismissed a casino worker’s lawsuit over claims that she was discriminated against due to her sexual orientation. But in tossing the case the judge also suggested that questions underpinning the precedent that bars sexual orientation discrimination claims under Title VII “warrants serious consideration.”

U.S. District Judge Joel Slomsky of the Eastern District of Pennsylvania recently dismissed the case Doe v. Parx Casino, citing a 2001 decision from the U.S. Court of Appeals for the Third Circuit, which held that “Title VII does not prohibit discrimination based on sexual orientation.”