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(Podcast) The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
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The U.S. Supreme Court issued a unanimous decision on June 5, 2025, resolving a U.S. Court of Appeals for the Sixth Circuit split in the matter of Ames v. Ohio Dep't. of Youth Servs., 605 U.S. ____ (2025). The Supreme Court...more
The U.S. Supreme Court has agreed to settle deep divisions between federal appellate courts on the question of whether an employee’s or applicant’s sexual orientation or gender identity are protected under Title VII’s sex...more
On April 22, 2019, the Supreme Court granted certiorari in three cases that raise the question of whether Title VII prohibits discrimination on the basis of sexual orientation or gender identity. In two of the cases,...more
One of the most important developments in employment law over the past several years has been the expansion by some federal courts of Title VII’s sex discrimination prohibitions to encompass sexual orientation and gender...more
An estimated 9 million adults in the United States are lesbian, gay, bisexual, or transgender. Eighty-seven percent of U.S. residents report knowing someone who is lesbian or gay, and half report having a close lesbian or gay...more
In this episode of The Proskauer Brief, senior counsel Harris Mufson and associate Laura Fant discuss the latest developments in Title VII. We will discuss the two recent circuit court decisions concerning the scope of sex...more
On February 26, 2018, the Second Circuit Court of Appeals rendered an en banc decision in Zarda v. Altitude Express that significantly expands employees’ rights under Title VII of the Civil Rights Act of 1964. Ten judges...more
The Second Circuit Court of Appeals recently issued an opinion in Zarda v. Altitude Express and held that Title VII provides protection from discrimination and harassment because of an individual’s sexual orientation. The...more
With its en banc decision on February 26, 2018 in Melissa Zarda v. Altitude Express, Inc., No. 15-3775 (2d Cir. Feb. 26, 2018), the Second Circuit Court of Appeals became the second federal appeals court to hold that sexual...more
In a major decision, the full Second Circuit Court of Appeals became the second federal appellate circuit to conclude that Title VII’s prohibitions against sex discrimination also apply to discrimination and harassment claims...more
On February 26, 2018, the full Second Circuit Court of Appeals held that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on an employee’s “sexual orientation.” This decision, Zarda v. Altitude...more
On February 26, 2018, the US Court of Appeals for the Second Circuit became the second federal circuit to hold that Title VII of the Civil Rights Act of 1964 (Title VII) prohibits sexual orientation discrimination. In...more
Overruling its own precedent, the United States Court of Appeals for the Second Circuit became the second federal appeals court to hold that Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination on the...more
On February 26, 2018, the Federal appellate court covering New York State ruled that Title VII of the Civil Rights Act of 1964 protects employees from discrimination based on their sexual orientation. The case is Zarda v....more
Courts have disagreed on whether an employer discriminating against an employee based upon their sexual orientation violates federal anti-discrimination laws. Yesterday’s ruling by a New York federal appeals court means this...more
In an en banc decision in Zarda v. Altitude Express, Inc., the Second Circuit has become the latest federal appeals court to hold that discrimination on the basis of sexual orientation is prohibited sex discrimination under...more
In a bit of a surprise move, the U.S. Supreme Court today passed on an opportunity to provide some long-awaited clarity on the interplay between sexual orientation and Title VII of the Civil Rights Act of 1964. In Evans v....more
In April, we reported that a three-judge panel of the Eleventh Circuit held that sexual orientation discrimination is not prohibited under Title VII of the Civil Rights Act of 1964 in Evans v. Georgia Regional Hospital, et....more
On July 6, the full Eleventh Circuit Court of Appeals declined to hear the appeal of a case dismissing a sexual orientation bias claim under Title VII for lack of jurisdiction. This decision creates a split among the federal...more
After the Eleventh Circuit denied a petition for rehearing en banc last week in Evans v. Georgia Regional Hospital, LGBT advocacy group Lambda Legal announced that it will appeal the dismissal of its client’s complaint to the...more
The Second Circuit has denied a plaintiff’s request to rehear argument en banc (that is, before all of the court’s judges) in a case alleging that Title VII of the 1964 Civil Rights Act prohibits discrimination based on...more
In July 2015, the Equal Employment Opportunity Commission ("EEOC") published a guidance titled What You Should Know About EEOC and the Enforcement Protections for LGBT Workers, which took the position that employment...more
We previously discussed the conflict between a Second Circuit panel’s holding in April that Title VII of the 1964 Civil Rights Act did not prohibit discrimination on the basis of sexual orientation and the Seventh Circuit’s...more
Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex or national origin. Title VII has been supplemented via legislative action to also prohibit discrimination due to...more
As we observed in a recent post on the Seventh Circuit’s decision in Hively v. Ivy Tech Community College extending Title VII to sexual orientation claims, the Supreme Court will probably have to resolve the disagreement...more