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2nd Circuit rules: Anti-gay bias is sex discrimination

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in Discrimination and Harassment,Human Resources

The 2nd Circuit Court of Appeals has ruled that Title VII of the Civil Rights Act prohibits discrimination on the basis of sexual orientation. The case is Zarda v. Altitude Sys., Inc. (2nd Cir., 2018). In doing so, the 2nd Circuit overruled its own precedents, including a recent decision in Christiansen v. Omnicom Group (2nd Cir., 2017).

The 2nd Circuit joins the 7th Circuit in ruling that sexual orientation is protected from discrimination, a position contrary to that taken recently by the 11th Circuit.

The Zarda case attracted 15 amicus briefs.

Subset of sex discrimination

Because sexual orientation is not listed as a protected class in Title VII, the 2nd Circuit examined whether sexual orientation discrimination is a type of sex discrimination.

It noted that the law had evolved since its earlier rulings, beginning with the EEOC’s administrative ruling in 2015 that an allegation of sexual orientation discrimination ...(register to read more)

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