Executive Summary: On April 3, 2017, in Christiansen v. Omnicom Group, Inc., the Second Circuit held that it was bound by prior precedent in ruling that Title VII of the Civil Rights Act of 1964 does not prohibit sexual orientation discrimination. On the tails of the Seventh Circuit’s en banc decision in Hively v. Ivy Tech Community College overruling prior Seventh Circuit precedent and holding that Title VII does, in fact, prohibit discrimination based on sexual orientation (as reported on April 25, 2017), Christiansen has now filed a petition for rehearing en banc, encouraging the Second Circuit to do the same.
Home > Federal Law Articles > Sex and Gender Discrimination > Sexual Orientation And Gender Identity > Full Second Circuit Asked to Revisit Prior Precedent that Title VII Does Not Protect Sexual Orientation