Judge Dismisses Lawsuit Alleging Sexually Suggestive Harassment Against School Employee

CICERO, IL — A U.S. District judge has dismissed a lawsuit filed by a former employee of Morton High School that alleged his coworkers harassed him because they believed he was gay.

Lubomir Matavka alleged his coworkers and supervisors at the school "subjected him to a hostile work environment through gay slurs and other sexually suggestive, gross and derogatory comments and communications, improper physical sexual contact, and retaliation against him for complaining about it," according to Matavka's lawyer, Nicholas Esposito of Esposito & Staubus.

Matavka claimed his rights under Title VII of the Civil Rights Act of 1964 were violated. Title VII prohibits employers from discriminating based on race, color, religion, sex or national origin, according to the U.S. Equal Employment Opportunity Commission.

But the Board of Education of J. Sterling Morton High High School District 201 filed to dismiss the complaint, according to a memorandum order, because Title VII doesn't protect against harassment based on sexual orientation.

U.S. District Judge Milton Shadur said the harassment was appalling, but he ruled in favor of the school's motion to dismiss, the Cook County Record reports, though Shadur said the legal question of sexual orientation discrimination in the workplace could receive attention from Congress and the Supreme Court.

Esposito said they are reviewing Matavka's court options.

Correction: This article was updated to correct a reference to the plaintiff's sexual orientation.