Anti-Gay Discrimination Is Sex Discrimination, 2nd Circ. Says

Law360 (February 26, 2018, 10:53 AM EST) -- Discrimination based on sexual orientation is covered by Title VII's ban on gender bias, the Second Circuit ruled Monday, siding with the estate of a deceased skydiving instructor who was allegedly fired for telling a client he was gay.

In a divided en banc opinion, the Second Circuit broke with its own precedent and revived a sex bias claim brought on behalf of Donald Zarda, who had unsuccessfully tried to get a trial court to reinstate that claim after the U.S. Equal Opportunity Commission held in 2015 that the prohibition against gender discrimination in Title VII of the Civil Rights Act...

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