ATLANTA (AP) — A federal appeals court says employers aren’t prohibited from discriminating against employees because of sexual orientation.

A three-judge panel of the 11th U.S. Circuit Court of Appeals on Friday ruled 2-1 that a 1964 civil rights law doesn’t protect against workplace discrimination based on sexual orientation.

Jameka Evans sued her former employer, Georgia Regional Hospital in Savannah, alleging she was discriminated against and effectively forced from her job as a security guard because she is a lesbian and didn’t conform to gender norms.

The majority opinion says the court was bound by precedent set in 1979. However, the dissenting judge says a 1989 U.S. Supreme Court ruling prohibiting discrimination because someone doesn’t conform to gender stereotypes would apply in the Evans case.

Evans’ attorneys say they’ll ask the full 11-judge appeals court to rehear the case.

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