In this trial, Evans relies on Title VII of the 1964 Civil Rights Act, which prohibits discrimination on the basis of the sex of an individual.
Unfortunately, the Southern District Court of Georgia rejected her request for a trial in April 2015.
She appealed to the Eleventh Circuit Court of Appeals in January 2016. The hearing took place in December and the court has just returned its verdict and also rejected her request.
But Lambda Legal has announced that they will be re-filing a request for a hearing before the full panel of 11 judges of the Eleventh Circuit.
"This is not the end of the road for us and certainly not for Jameka," said Greg Nevins, employment fairness project director for Lambda Legal. "Keeping your job shouldn’t depend on whether or not you pass for straight. There is no way to draw a line between sexual orientation discrimination and discrimination based on gender nonconformity because not being straight is gender-nonconforming, period. 90 percent of Americans believe that LGBT people should be treated equally in the workplace. The public is on the right side of history, and it’s time for the Eleventh Circuit to join us."
In 2011, the group had won for Vandy Beth Glenn who had been fired from being a transgender person. Hopefully, this will also be a final victory for Jaleka Evans.