News & Analysis as of

Split of Authority Appeals Sexual Orientation

Ogletree, Deakins, Nash, Smoak & Stewart,...

National Coming Out Day: The Legal Pipeline Continues to Flow for LGBTQ Employees

An estimated 9 million adults in the United States are lesbian, gay, bisexual, or transgender. Eighty-seven percent of U.S. residents report knowing someone who is lesbian or gay, and half report having a close lesbian or gay...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Upholds Sexual Orientation Discrimination Claim Under Title VII, Primes Debate for Supreme Court

On February 26, 2018, the Second Circuit Court of Appeals rendered an en banc decision in Zarda v. Altitude Express that significantly expands employees’ rights under Title VII of the Civil Rights Act of 1964. Ten judges...more

Parker Poe Adams & Bernstein LLP

Second Circuit Says Title VII Prohibits Sexual Orientation Discrimination

In a major decision, the full Second Circuit Court of Appeals became the second federal appellate circuit to conclude that Title VII’s prohibitions against sex discrimination also apply to discrimination and harassment claims...more

Benesch

Title VII Prohibits Employment Discrimination Based on Sexual Orientation – So Says the 2nd Circuit

Benesch on

On February 26, 2018, the full Second Circuit Court of Appeals held that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on an employee’s “sexual orientation.” This decision, Zarda v. Altitude...more

Eversheds Sutherland (US) LLP

Circuit split grows - Second Circuit expands protection under Title VII based on sexual orientation

On February 26, 2018, the US Court of Appeals for the Second Circuit became the second federal circuit to hold that Title VII of the Civil Rights Act of 1964 (Title VII) prohibits sexual orientation discrimination. In...more

Genova Burns LLC

Second Circuit Issues Landmark Decision that Title VII Prohibits Sexual Orientation Discrimination

Genova Burns LLC on

Overruling its own precedent, the United States Court of Appeals for the Second Circuit became the second federal appeals court to hold that Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination on the...more

Proskauer - Law and the Workplace

Second Circuit Rules Sexual Orientation Discrimination Is Prohibited Under Title VII

In an en banc decision in Zarda v. Altitude Express, Inc., the Second Circuit has become the latest federal appeals court to hold that discrimination on the basis of sexual orientation is prohibited sex discrimination under...more

McAfee & Taft

SCOTUS declines to determine whether Title VII covers sexual orientation

McAfee & Taft on

In a bit of a surprise move, the U.S. Supreme Court today passed on an opportunity to provide some long-awaited clarity on the interplay between sexual orientation and Title VII of the Civil Rights Act of 1964. In Evans v....more

Mintz - Employment Viewpoints

Second Circuit Denies Latest Request for En Banc Review in Title VII Sexual Orientation Discrimination Case

The Second Circuit has denied a plaintiff’s request to rehear argument en banc (that is, before all of the court’s judges) in a case alleging that Title VII of the 1964 Civil Rights Act prohibits discrimination based on...more

Spilman Thomas & Battle, PLLC

Sexual Orientation Discrimination and Title VII - The Seventh Circuit Weighs In

In July 2015, the Equal Employment Opportunity Commission ("EEOC") published a guidance titled What You Should Know About EEOC and the Enforcement Protections for LGBT Workers, which took the position that employment...more

Mintz - Employment Viewpoints

Second Circuit Orders En Banc Review of Panel Holding that Title VII Does Not Prohibit Sexual Orientation Discrimination

We previously discussed the conflict between a Second Circuit panel’s holding in April that Title VII of the 1964 Civil Rights Act did not prohibit discrimination on the basis of sexual orientation and the Seventh Circuit’s...more

Baker Donelson

Circuit Split: Expansion of Title VII Protections and Sexual Orientation as a Subset of a Protected Class

Baker Donelson on

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex or national origin. Title VII has been supplemented via legislative action to also prohibit discrimination due to...more

Mintz - Employment Viewpoints

Second Circuit Panel: No, We Still Can’t Overturn Precedent on Sexual Orientation Discrimination

As we observed in a recent post on the Seventh Circuit’s decision in Hively v. Ivy Tech Community College extending Title VII to sexual orientation claims, the Supreme Court will probably have to resolve the disagreement...more

Fisher Phillips

Appeals Court Refuses To Extend Title VII Coverage To Sexual Orientation

Fisher Phillips on

On Friday, the 11th Circuit Court of Appeals declined to extend Title VII’s protections to sexual orientation discrimination, but reinforced that employees may allege sex discrimination claims when they face workplace...more

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