Second Circuit signals potential major expansion of Title VII’s protections for sexual orientation

Title VII prohibits discrimination “because of … sex,” and many court decisions have held that “sex” does not include sexual orientation. Thus, homosexuality is not protected by Title VII.

In this case, a panel of the Second Circuit repeated that holding; however, the panel then noted that, if it could consider the issue fresh, as could the Second Circuit en banc  (sitting as a full bench), it believed several arguments, outlined in its decision, would warrant holding that sexual orientation should be protected by Title VII.

The decision signals a potential expansion for protection of sexual orientation at the federal level. Colorado law already protects sexual orientation, as does the law in many states.

The case was Christiansen v. Omnicon Group, Inc., — F.3d — (2nd Cir. 3/27/17).