Federal Circuit Courts Split on Whether Title VII Protects Sexual Orientation Bias

Wednesday, March 28, 2018
In Zarda v. Altitude Express, decided February 26, 2018, the Second Circuit Court of Appeals held that discrimination on the basis of sexual orientation is a form of sex discrimination prohibited by Title VII of the Civil Rights Act. The Seventh Circuit has also found that Title VII covers sexual orientation discrimination. However, the First, Third, Fourth, Fifth, Sixth, Eighth, Ninth, Tenth and Eleventh Circuits have held that Title VII does not prohibit discrimination based on sexual orientation. It will be up to the U.S. Supreme Court to possibly resolve this conflict.
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