Wyatt Employment Law Report

Leave a comment

Second Circuit Recognizes Sexual Orientation Discrimination as Subset of Sex Discrimination under Title VII

By Courtney Samford

The U.S. Court of Appeals for the Second Circuit recently held that Title VII prohibits discrimination on the basis of sexual orientation in Zarda v. Altitude Express, No. 15-3775 (2d Cir. 2018).  With this decision, the Second Circuit joins the Seventh Circuit as the second court to recognize sexual orientation as a protected class under federal law.

Donald Zarda was a skydiving instructor who claimed that he was terminated from his position after he told a client that he was gay.  He sued his former employer and its owner, alleging that Title VII and New York law prohibit discrimination based on sexual orientation.  The lower court granted partial summary judgment in favor of the employer on the ground that Title VII does not protect gay and lesbian employees.  Zarda died in a skydiving accident prior to trial, so Continue reading