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Zarda v. Altitude Express Inc.

Articles Discussing Case:

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

Ogletree Deakins • March 19, 2018
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 joined at least in part in the majority decision and held that sex discrimination under Title VII encompasses discrimination based on sexual orientation. Three judges dissented and would not have extended Title VII protection to sexual orientation. This decision came 11 months after the Eleventh Circuit declined to recognize sexual orientation as a protected category under Title VII in Evans v. Georgia Regional Hospital and 10 months after the Seventh Circuit disagreed, holding that sexual orientation is covered by Title VII, in Hively v. Ivy Tech Community College.

Title VII Bars Discrimination Based on Sexual Orientation, Second Circuit Rules

Jackson Lewis P.C. • February 27, 2018
In a much-anticipated decision, the federal appeals court in New York has held that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on an individual’s sexual orientation. Zarda v. Altitude Express, No. 15-3775 (2d Cir. Feb. 26, 2017).

Second Circuit Rules Sexual Orientation Protected Under Title VII

Goldberg Segalla LLP • February 27, 2018
The Second Circuit recently joined the Seventh Circuit in determining that discrimination based on sexual orientation violates Title VII of the Civil Rights Act of 1964.

Another Federal Appeals Court Finds Title VII Prohibits Sexual Orientation Discrimination

Littler Mendelson, P.C. • February 26, 2018
On February 26, 2018, a majority of the entire U.S. Court of Appeals for the Second Circuit held, in Zarda v. Altitude Express Inc., that Title VII prohibits workplace discrimination on the basis of sexual orientation. With this ruling, the Second Circuit becomes the second federal appellate court to reverse its prior precedent and reach this conclusion.

eLABORate: Second Circuit Upholds Protection Against Sexual Orientation Discrimination

Phelps Dunbar LLP • February 26, 2018
This morning, the United States Court of Appeals for the Second Circuit entered an order, upholding protection under Title VII of the Civil Rights Act of 1964 (“Title VII") for sexual orientation discrimination in the workplace. The order followed an en banc review of a July 2017 decision by the Eastern District of New York. The panel held that “sexual orientation discrimination is motivated, at least in part, by sex and is thus a subset of discrimination.”

Title VII Evolution Continues: Another Appeals Court Finds Sexual Orientation Discrimination Actionable

Fisher Phillips • February 26, 2018
Another federal court of appeals decided today that Title VII covers claims of sexual orientation discrimination, continuing the evolution of workplace discrimination law that has begun to sweep over the country in recent years. With today’s ruling by the 2nd Circuit Court of Appeals—covering federal claims arising in New York, Connecticut, and Vermont—employers across the country have been put on notice that Title VII is increasingly being interpreted more expansively than it had been just a few short years ago (Zarda v. Altitude Express, Inc.).