The federal Second Circuit Court of Appeals reversed its prior decision. Its 2018, sexual orientation is protected against discrimination in the workplace under federal law. A victory for equal rights advocates.
The Historic Case is Cited in Full Caption Below:
MELISSA ZARDA, co-independent executor of the estate of Donald Zarda, and WILLIAM ALLEN MOORE, JR., co-independent executor of the estate of Donald Zarda, Plaintiffs-Appellants,
ALTITUDE EXPRESS, INC., doing business as SKYDIVE LONG ISLAND, and RAY MAYNARD, Defendants-Appellees.
Docket No. 15-3775.
United States Court of Appeals, Second Circuit
The Second Circuit that includes New York, Connecticut, Vermont, now joins Indiana, Illinois, or Wisconsin, (7th. Cir.) with federal employment law that prohibits your employer from firing you for your sexual orientation. This is problematic because while there is no such protection for those in Georgia, Alabama, and Florida and other states whose Courts have not ruled on the issues. It should be noted that the Second Circuit overruled itself in a 10-3 decision En Banc
(sitting as a full panel, including senior judges). The Three dissents were outdated and seemed out of step with the times, as it is 2018 and the scope of of Title VII protection to root out and “stamp out” employment discrimination was the legislative intent of the Civil Rights Act of 1964.
The Second Circuit’s majority opinion written for the by Chief Judge Robert Katzmann expanded the scope of Title VII of the Civil Rights Act of 1964—which prohibits sex discrimination in the workplace—protects gay employees. Insofar as “sexual orientation discrimination is motivated, at least in part, by sex and is thus a subset of sex discrimination.” and that it is imperative to “identify the sexual orientation of a particular person,” an employer must “know the sex of the person and that of the people to whom he or she is attracted.” The majority held:
Because one cannot fully define a person’s sexual orientation without identifying his or her sex, sexual orientation is a function of sex. Indeed sexual orientation is doubly delineated by sex because it is a function of both a person’s sex and the sex of those to whom he or she is attracted. Logically, because sexual orientation is a function of sex and sex is a protected characteristic under Title VII, it follows that sexual orientation is also protected.”
Whats Next?: SCOTUS Review- – The Circuit split is clear the Supreme Court will have its take on the issue and ultimately will most likely rule in favor of the Title VII expansion of the term “sex” to include “sexual orientation” under Title VII once and for all.
Zarda Attorney tweets below: