Second Circuit Rules Title VII Prohibits Sexual Orientation Discrimination

On February 26, 2018, the United States Court of Appeals for the Second Circuit, sitting en banc, held in Zarda v. Altitude Express, Inc. that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation as discrimination "because of... sex."

The Second Circuit (with jurisdiction over Connecticut, New York and Vermont) joins the Seventh Circuit (with jurisdiction over Illinois, Indiana and Wisconsin) as the second U.S. Court of Appeals to hold that Title VII prohibits sexual orientation discrimination. The Equal Employment Opportunity Commission (EEOC) has also recognized sexual orientation as a protected class under Title VII. To date, only the Eleventh Circuit (with jurisdiction over Alabama, Florida and Georgia) has rejected Title VII protections on the basis of sexual orientation. It is unclear whether the Supreme Court will address this issue in the near future, although the Second Circuit's opinion in Zarda deepens the