Wednesday, March 29, 2017
The U.S. Court of Appeals for the Second Circuit issued a fascinating per curiam opinion this week that addresses gender stereotyping and directly implicates sexual orientation issues. The opinion, Christiansen v. Omnicom Group, is available here. Of particular note is the separate concurring opinion of Chief Judge Robert Katzmann (with District Court Judge Brodie) which provides in part:
"[I]n my view, if gay, lesbian, or bisexual plaintiffs can show that they were discriminated against for failing to comply with some gender stereotype, including the stereotype that men should be exclusively attracted to women and women should be exclusively attracted to men, they have made out a cognizable sex discrimination claim. In such a case, the gender stereotype theory of discrimination would encompass discrimination on the basis of sexual orientation."
If you are interested in this important and evolving issue I definitely recommend taking a look at this decision and the concurrence.