Why 2nd Circ. Review Of Sexual Orientation Claim Matters

By Raymond Wendell and Katharine Fisher (July 19, 2017, 12:27 PM EDT) -- Recently, in Zarda v. Altitude Express, the Second Circuit decided to reconsider en banc its position that Title VII does not prohibit sexual orientation discrimination. In light of the prevailing wisdom that the U.S. Supreme Court will settle this question in the near future, it may be tempting to view Zarda and its outcome as having little long-term consequence. But the history of this legal question and the interests at stake caution against underestimating Zarda's importance....

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