Second Circuit Rules Title VII Prohibits Discrimination Based On Sexual Orientation

The question of whether Title VII of the Civil Rights Act of 1964 prohibits sexual orientation discrimination has led to a split among the circuit courts of appeals, with the Seventh Circuit holding that Title VII prohibits sexual orientation discrimination and the Eleventh Circuit ruling that it does not. On February 26, 2018, the Second Circuit weighed in, aligning with the Seventh Circuit in holding that the law protects employees from discrimination based on their sexual orientation.

In Zarda v. Altitude Express, Inc., 2018 U.S. App. LEXIS 4608 (2d Cir. 2018), the court, overturning its prior decision in Simonton v. Runyon, 232 F.3d 33 (2d Cir. 2000), revived a sex-bias claim brought on behalf of the late Donald Zarda, a former skydiving instructor who claimed that he was fired after a female customer complained to his employer that Zarda revealed to her that he was gay.