Analysis

2nd Circ. May Be Poised To Push Gay Rights To High Court

Law360, New York (September 25, 2017, 8:24 PM EDT) -- The full Second Circuit will hear oral arguments Tuesday in a closely watched suit challenging nearly two-decades-old precedent that holds federal law does not prohibit workplace discrimination based on sexual orientation, potentially moving the question of whether Title VII protects gay workers one step closer to U.S. Supreme Court review.  

Coming five months after the Seventh Circuit broke with its sister circuits in a landmark ruling that the Civil Rights Act covers sexual orientation discrimination, the Second Circuit's rehearing in Zarda v. Altitude Express is shaping up to be a bellwether for gay rights in the workplace.

“This will determine whether...

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