Second Circuit Hears Oral Argument in Title VII Sexual Orientation Discrimination Case

On September 26, 2017, the U.S. Court of Appeals for the Second Circuit heard oral argument in the case of Zarda v. Altitude Express, Case No. 15-3775.

At issue is whether Title VII of the Civil Rights Act of 1964’s prohibition of discrimination “because of … sex” extends to sexual orientation.

One of the interesting aspects of this case is that two arms of the federal government have taken opposing views in so-called “amicus” (friend of the court) briefs: While the U.S. Department of Justice asserts that Title VII does not cover sexual orientation, the U.S. Equal Employment Opportunity Commission (EEOC) has advocated the opposite position.

Share This: