Monday, February 26, 2018

En-Banc Second Circuit Holds that Title VII Bars Sexual Orientation Discrimination

Today, the Second Circuit issued an en banc decision holding (9-3) that Title VII prohibits sexual orientation discrimination. We've been covering this issue quite a bit since the EEOC concluded  that Title VII's prohibition against "sex" discrimination necessarily includes sexual orientation (for example, see here, here, herehere, and here).  You can read the text by clicking on the case name here, Zarda v. Altitude Express

What remains to be seen is whether the Supreme Court will take up this issue at some point. It's declined thus far, but stay tuned.

-Jeff Hirsch

Employment Discrimination | Permalink


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