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Showing 2 posts in 2nd Circuit Court of Appeals.

SCOTUS Will Decide Whether Title VII Protects LGBTQ Workers

After considerable anticipation, the U.S. Supreme Court today agreed to hear three cases involving questions of whether Title VII's prohibition against sex discrimination encompasses discrimination on the basis of sexual orientation and gender identity.

The first two cases, Altitude Express v. Zarda and Bostock v. Clayton County, Georgia, were brought by employees who alleged their employers terminated their employment after learning they were gay. The Court's decision will resolve a widening circuit split over whether Title VII prohibits discrimination on the basis of sexual orientation. In Altitude Express, the Second Circuit joined the Seventh Circuit in holding it does cover sexual orientation, overturning longstanding precedent in the process. The court reasoned "the most natural reading of the statute's prohibition on discrimination 'because of . . . sex' is that it extends to sexual orientation discrimination because sex is necessarily a factor in sexual orientation." In Bostock, the Eleventh Circuit held it does not, explaining it remained bound by a 1979 case holding "[d]ischarge for homosexuality is not prohibited by Title VII." More ›

Second Circuit Declares Sexual Orientation Discrimination is Sex Discrimination under Title VII

Acknowledging the “changing legal landscape” surrounding Title VII protections against discrimination, the Second Circuit overturned prior precedent and held sexual orientation is discrimination because of sex. The Second Circuit, sitting en banc in Zarda v. Altitude Express, Inc., examined the issue “from the perspective of sex stereotyping,” and unequivocally concluded that “sexual orientation discrimination is predicated on assumptions about how persons of a certain sex can or should be,” which is “an impermissible basis for adverse employment actions.” In Zarda, a deceased skydiving instructor was allegedly fired for disclosing his sexual orientation to a client and not conforming to the “straight male macho stereotype.” More ›

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