Tuesday, February 27, 2018

2d Cir: Title VII prohibits sexual orientation employment discrimination

Yesterday, the Second Circuit  issued its opinion in Zarda v. Altitude Express, Inc. The Court, sitting en banc* held:
Not official use. 
We now hold that sexual orientation discrimination constitutes a form of discrimination “because of . . . sex,” in violation of Title VII.
The Seventh Circuit (en banc) came to the same conclusion last year. Will this be the case that gets the Supreme Court to weigh in? We don't know yet. SCOTUS may be waiting to see how some of the other circuits rule now that this modern re-interpretation is gaining momentum.

*Ordinarily Circuit Courts of Appeals decide a case with a 3-judge panel. "En banc" means that all of the judges on the Court participated in deciding the case (usually a sign that the Court viewed it as an important issue).