July 02, 2018 Top Story

Sexual Orientation Discrimination Claim Actionable under Title VII

En banc Second Circuit ruling widens circuit split

By Catherine M. Chiccine

Sexual orientation discrimination is a type of sex discrimination that violates Title VII of the Civil Rights Act, the U.S. Court of Appeals for the Second Circuit ruled en banc.

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This holding overturns the Second Circuit's prior decisions on the subject and adds to a growing circuit split. ABA Section of Litigation leaders believe the Supreme Court of the United States will eventually rule on the matter.

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