Second Circuit holds Title VII has always protected sexual orientation within its protection of “sex”
Following a recent series of cases discussed earlier on this blog, the Second Circuit has held that sexual orientation is, and has always been, included within the meaning of Title VII’s protection of “sex.”
Title VII prohibits discrimination on the basis of sexual orientation as discrimination “because of . . . sex.” To the extent that our prior precedents held otherwise, they are overruled.
Source: Zarda v. Altitude Express, Inc., case no. 15-3775 (2nd Cir. 2/26/18).
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