News & Analysis as of

Sexual Orientation Discrimination Equal Employment Opportunity Commission (EEOC) Split of Authority

Holland & Knight LLP

U.S. Supreme Court Holds No Higher Standard for "Majority Group" Discrimination Claims

Holland & Knight LLP on

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

Spilman Thomas & Battle, PLLC

Supreme Court Will Render Landmark Decisions Regarding LGBTQ Protection Under Title VII

This fall, the U.S. Supreme Court heard three employment cases that collectively ask: Does Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination “because of…sex,” encompass discrimination based...more

Parker Poe Adams & Bernstein LLP

Fifth Circuit Reasserts View That Sexual Orientation Discrimination Is Not Protected Under Title VII

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

Harris Beach Murtha PLLC

Supreme Court to Address Scope of Protections for LGBT Workers Under Title VII

On April 22, 2019, the Supreme Court announced that it would take up three cases that address the scope of “sex discrimination” under Title VII. Supreme Court review seemed inevitable given the growing divide regarding how...more

Jackson Walker

The Labor and Employment Horizon—2019

Jackson Walker on

If there has been one constant in employment law over the last generation, it is change. The forecast for 2019 is no different. In Congress, the Supreme Court, and the Texas Legislature, employers can expect developments that...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

National Coming Out Day: The Legal Pipeline Continues to Flow for LGBTQ Employees

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

Skadden, Arps, Slate, Meagher & Flom LLP

Federal Court Rulings Growing in Favor of LGBT+ Employees

As members of the lesbian, gay, bisexual and transgender community (LGBT+) are increasingly open at work about their identities, circuit courts are recognizing that Title VII of the Civil Rights Act protects them from...more

Proskauer - Law and the Workplace

[Podcast]: Recent Developments in Title VII

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Upholds Sexual Orientation Discrimination Claim Under Title VII, Primes Debate for Supreme Court

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

Poyner Spruill LLP

Second Circuit and Seventh Circuit are in Agreement - Sex Discrimination Includes Sexual Orientation

Poyner Spruill LLP on

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

Harris Beach Murtha PLLC

Second Circuit Prohibits Sexual Orientation Discrimination

In a significant decision reflecting the evolution of Title VII of the Civil Rights Act of 1964, the United States Court of Appeals for the Second Circuit, which covers Connecticut, New York and Vermont, has ruled in Zarda v....more

Miles & Stockbridge P.C.

Second Circuit Joins Seventh Circuit, EEOC in Holding that Anti-Gay Discrimination is Sex Discrimination

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

Parker Poe Adams & Bernstein LLP

Second Circuit Says Title VII Prohibits Sexual Orientation Discrimination

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

Benesch

Title VII Prohibits Employment Discrimination Based on Sexual Orientation – So Says the 2nd Circuit

Benesch on

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

Eversheds Sutherland (US) LLP

Circuit split grows - Second Circuit expands protection under Title VII based on sexual orientation

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

Poyner Spruill LLP

Supreme Court Refuses to Decide Whether Title VII Covers Sexual Orientation

Poyner Spruill LLP on

On December 11, 2017, the United States Supreme Court denied a petition to review a lower court ruling that held Title VII of the Civil Rights Act of 1964 (Title VII) does not provide protection against harassment or...more

McAfee & Taft

SCOTUS declines to determine whether Title VII covers sexual orientation

McAfee & Taft on

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

Tucker Arensberg, P.C.

Pennsylvania Courts Split Over Sexual Orientation Discrimination

Tucker Arensberg, P.C. on

A recent decision by Judge Jan E. DuBois in Coleman v. Amerihealth Caritas, No. 16-3652, 2017 U.S. Dist. LEXIS 85319 (E.D. Pa. June 2, 2017) demonstrates that Pennsylvania courts remain divided as to whether Title VII of the...more

Parker Poe Adams & Bernstein LLP

Eleventh Circuit Decision May Prompt Supreme Court to Determine Coverage of Sexual Orientation Bias Under Title VII

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

Spilman Thomas & Battle, PLLC

Sexual Orientation Discrimination and Title VII - The Seventh Circuit Weighs In

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

Baker Donelson

Circuit Split: Expansion of Title VII Protections and Sexual Orientation as a Subset of a Protected Class

Baker Donelson on

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

Fisher Phillips

A Dealership’s Guide To Sexual Orientation Discrimination In The Workplace

Fisher Phillips on

Following the landmark 2015 Supreme Court decision making same-sex marriage legal across the country, federal courts have grappled with determining which types of claims are actionable under the “sex” provision of Title VII,...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Employment Flash – April 2017"

Supreme Court Adopts Deferential Standard of Review for EEOC Cases - On April 3, 2017, in McLane v. EEOC, 137 S.Ct. 30 (2016), the U.S. Supreme Court ruled that appellate courts should review lower court decisions to...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Eleventh Circuit Denies Sexual Orientation Discrimination Claim, but Is This the Final Word?

If you have been keeping track of how the federal courts have handled employment discrimination claims under Title VII of the Civil Rights Act of 1964 (and we know you have), you have probably noticed that many courts have...more

Mintz - Employment Viewpoints

Seventh Circuit Rules Title VII Bars Sexual Orientation Discrimination, Creating Circuit Split and Setting Stage for Likely...

In a landmark en banc decision rejecting its earlier panel ruling, the U.S. Court of Appeals for the Seventh Circuit became the first federal appellate court to hold that Title VII of the 1964 Civil Rights Act prohibits...more

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