In a 7-2 decision issued today, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission (U.S. No. 16-111 June 4, 2018) (J. Kennedy), the U.S. Supreme Court ruled 7-2 in favor of a Colorado baker who refused to create a cake for a gay couple’s wedding because of his claimed religious opposition to same-sex marriage. Importantly,…
Read More SCOTUS Issues Narrow Decision in Baker’s Favor in “Gay Wedding Cake” CaseIn a recent (May 29, 2018) Petition for Writ of Certiorari, filed in Altitude Express, Inc. v. Zarda, the petitioner seeks to overturn the Second Circuit’s en banc decision holding that Title VII of the Civil Rights Act of 1964’s prohibition on discrimination based on “sex” also prohibits discrimination based on “sexual orientation.”
Read More Petition for Writ of Certiorari Asks SCOTUS to Overturn 2d Circuit En Banc Zarda Decision That Title VII Prohibits Discrimination Based on Sexual OrientationIn Blair v. Brooklyn Transportation Corp., 17-cv-383, 2018 WL 1581974 (E.D.N.Y. March 30, 2018), the court (inter alia) denied defendant’s motion to dismiss plaintiff’s gender discrimination claim. From the decision: Plaintiff’s allegations are sufficient for the Court to infer that Defendant discriminated against Plaintiff. Defendant was aware of Plaintiff’s transgender status because, when Plaintiff began…
Read More Transgender Discrimination Case Continues Against Brooklyn Transportation Corp.In Zarda v. Altitude Express, Inc. (2d Cir. 15-3775 Feb. 26, 2018) (en banc), decided today by an en banc (i.e., full) Second Circuit panel, held that Title VII of the Civil Rights Act of 1964’s prohibition on discrimination “because of … sex” extends to sexual orientation. The court’s 69-page majority opinion aligns Second Circuit law with positions…
Read More 2d Circuit Holds, En Banc, That Title VII Prohibits Discrimination Based on Sexual OrientationIn Giove v. City of New York, 15-cv-2998, 2018 WL 736008 (E.D.N.Y. Feb. 5, 2018), the court addressed whether sexual orientation discrimination and retaliation claims brought by a teacher were barred by collateral estoppel due to a prior finding at a hearing pursuant to NY Education Law § 3020-a. Under the facts of this case, the…
Read More Sexual Orientation Discrimination & Retaliation Claims Not Barred By Adverse 3020-a Hearing DeterminationOn January 10, 2018, the New York City Human Rights Law was amended with respect to its definitions of “sexual orientation” (N.Y.C. Admin. Code § 8-102(20)) and “gender” (id. § 8-102(23)) to effectively broaden those terms. The NYC Human Rights Law, inter alia, prohibits discrimination (in various forms) “because of the actual or perceived … gender [or]…
Read More Local Law Amends NYC Human Rights Law’s Definitions of “Sexual Orientation”, “Gender”In Harrington v. City of New York, 2018 NY Slip Op 00381, 2018 WL 503144 (App. Div. 1st Dept. Jan. 23, 2018), the Appellate Division, First Department modified a lower court order and reinstated plaintiff police officer’s claims for sexual orientation discrimination and retaliation under the New York State and City Human Rights Laws. As…
Read More Police Officer’s Sexual Orientation Discrimination Claims Sufficiently Alleged, First Department HoldsFrom DeBello v. VolumeCocomo Apparel, Inc., 2017 WL 6616704, at *3 (C.A.2 (N.Y.), 2017): We conclude … that in the circumstances here, DeBello’s public policy argument does not overcome the presumption that “a valid forum-selection clause [should be] given controlling weight in all but the most exceptional cases.” Atl. Marine, 134 S.Ct. at 581 (alteration in…
Read More 2d Circuit: Employment Agreement’s Venue Selection Clause Trumps Title VII’s Venue ProvisionIn Keceli v. Yonkers Racing Corp., 2017 NY Slip Op 08359, 2017 WL 5762297 (N.Y.A.D. 2 Dept. Nov. 29, 2017), the Appellate Division, Second Department affirmed the dismissal of plaintiff’s sexual orientation discrimination and retaliation claims under the New York State Human Rights Law. As to plaintiff’s sexual orientation discrimination claim, the court explained the law,…
Read More 2d Dept. Affirms Dismissal of Sexual Orientation Discrimination, Retaliation Claims Under the NYS Human Rights LawOn 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…
Read More Second Circuit Hears Oral Argument in Title VII Sexual Orientation Discrimination Case