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How will the Supreme Court decide if sexual orientation is protected in the workplace under Title VII?

The Supreme Court will decide “Whether the prohibition in Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1), against employment discrimination “because of . . . sex” encompasses discrimination based on an individual’s sexual orientation.”

The Supreme Court to decide Tile VII “Sex” questions.

Combined with the question

Issue: Whether Title VII prohibits discrimination against transgender people based on (1) their status as transgender or (2) sex stereotyping under Price Waterhouse v. Hopkins.


Issue: Whether discrimination against an employee because of sexual orientation constitutes prohibited employment discrimination “because of . . . sex” within the meaning of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.

CERTIORARI GRANTED 17-1618 ) BOSTOCK, GERALD L. V. CLAYTON COUNTY, GA ) 17-1623 ) ALTITUDE EXPRESS, INC., ET AL. V. ZARDA, MELISSA, ET AL. The petitions for writs of certiorari are granted. The cases are consolidated and a total of one hour is allotted for oral argument. 18-107 R.G. & G.R. HARRIS FUNERAL HOMES V. EEOC, ET AL. The petition for a writ of certiorari is granted limited to the following question: Whether Title VII prohibits discrimination against transgender people based on (1) their status as transgender or (2) sex stereotyping under Price Waterhouse v. Hopkins, 490 U. S. 228 (1989).

https://www.supremecourt.gov/orders/courtorders/042219zor_9olb.pdf

Altitude Express Inc. v. Zarda
Docket No.17-1623. Cert. Granted

Older Blog: Dec. 2018 –

The Supreme Court may want to take up the Zarda question to avoid an inevitable Circuit-Split and incongruous application of Title VII.  

The last conference for the selection committee of Justices could have granted the Zarda petition for certiorari should be heard by the 9 Justices was set for December 3, 2018, however it has since been rescheduled.  

The Supreme Court will have to decide whether it wants to hear the Second Circuit case in its upcoming 2019 term.