4 Takeaways From 2nd Circ. Ruling Rejecting Anti-Gay Bias

Law360 (February 27, 2018, 11:07 PM EST) -- By adopting the U.S. Equal Employment Opportunity Commission's stance that workplace sexual orientation bias is within Title VII's reach, the Second Circuit moved the ball forward on an evolving legal issue that affects workplaces nationwide and will likely land at the U.S. Supreme Court before long, experts say.

The Second Circuit's en banc decision Monday, which featured four concurrences and three dissents, upended the circuit's precedent on the reach of Title VII and established that sexual orientation discrimination is covered under the statute's existing ban on sex-based bias. Written by Chief Circuit Judge Robert A. Katzmann, the decision revived a discrimination...

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