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Article

5 Mar 2018

Author:
T.H. Christopher, R.D. Avram, C.A. McDougal, Lexology (USA)

Commentary: US Court of Appeals holds Civil Rights Act prohibits sexual orientation discrimination in the workplace despite not being expressly mentioned; practical implications

"Second Circuit Becomes the Second Federal Appeals Court to Hold That Title VII Prohibits Sexual Orientation Discrimination", 2 Mar 2018

...[T]he U.S. Court of Appeals for the Second Circuit became the second federal appeals court to rule that Title VII of the 1964 Civil Rights Act...bars employers from discriminating on the basis of sexual orientation.  The...decision...establishes a federal remedy for individuals claiming employment discrimination based on sexual orientation in...New York, Connecticut, and Vermont...Title VII does not expressly address sexual orientation discrimination but does prohibit employment discrimination because of sex.  The lawsuit in Zarda v. Altitude Express, Inc. was filed by a gay male alleging that he was fired due to his sexual orientation...[T]he Second Circuit...held that Title VII’s prohibition against sex discrimination does encompass discrimination based on sexual orientation...Zarda decision is notable and may influence courts in other jurisdictions...Zarda ruling...reinforce the need for employers in this jurisdiction to review their equal employment opportunity and harassment policies to ensure that sexual orientation is expressly included as a protected category...