Guess v. Phila. Hous. Auth.

Gerald Austin McHugh, United States District Judge

This case involves a claim of sex discrimination under Title VII and raises pressing questions about the scope of that statute. The Third Circuit has held that sexual orientation does not form the basis for a claim of sex discrimination under Title VII. Plaintiff invites me to hold otherwise, effectively contravening that precedent. Despite the powerful appeal of Plaintiff's arguments, it is not my place to "overrule" a higher court. Accordingly, although I reject Defendant's argument that Plaintiff failed to exhaust administrative remedies,…