News & Analysis as of September 14, 2025

Title VII › En Banc Review › Appeals

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Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions. less -

Denial of Gender-Affirming Care Does Not Qualify as Sex Discrimination, Eleventh Circuit Holds

Littler on 9/12/2025

On September 9, 2025, in Anna Lange v. Houston County, Georgia, et. al., the U.S. Court of Appeals for the Eleventh Circuit held that the denial of coverage for gender-affirming surgery was not discriminatory. This decision...more

Fifth Circuit Opens the Door for Growing Discrimination Claims

Rumberger | Kirk on 11/30/2023

A federal appeals court has made it easier for plaintiffs to bring employment discrimination lawsuits, but failed to offer clear guidance on how employers can adjust policies to minimize litigation risk. The en banc...more

Fifth Circuit Expands Title VII Exposure for Employers

Bracewell LLP on 8/25/2023

On August 18, 2023, in Hamilton v. Dallas County, the US Court of Appeals for the Fifth Circuit, sitting en banc, expanded the circumstances under which an employer can be held liable for disparate treatment under Title VII...more

Federal Appeals Court Overturns Decades-Old Precedent on Workplace Discrimination Claims

Parker Poe Adams & Bernstein LLP on 8/25/2023

For decades, courts in the Fifth Circuit have followed a particularly strict rule limiting when employees can sue under Title VII for workplace discrimination. That changed last Friday....more

Fifth Circuit Upends ‘Ultimate Employment Decision’ Requirement for Title VII Discrimination Claims

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/23/2023

On August 18, 2023, in Hamilton v. Dallas County, the full Fifth Circuit Court of Appeals upended a longstanding precedent, significantly broadening the types of adverse employment actions that could give rise to an...more

Supreme Court Set to Tackle Potential Expansion of Title VII Protections

Smith Debnam Narron Drake Saintsing & Myers,... on 6/5/2019

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex and national origin. While the Equal Employment Opportunity Commission (“EEOC”) determined that discrimination...more

Court Rules on Sexual Orientation Discrimination

Harris Beach Murtha PLLC on 3/1/2018

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

Second Circuit Rules Sexual Orientation Discrimination Is Prohibited Under Title VII

Proskauer - Law and the Workplace on 2/27/2018

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

Title VII Evolution Continues: Another Appeals Court Finds Sexual Orientation Discrimination Actionable

Fisher Phillips on 2/27/2018

Another federal court of appeals decided today that Title VII covers claims of sexual orientation discrimination, continuing the evolution of workplace discrimination law that has begun to sweep over the country in recent...more

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

Parker Poe Adams & Bernstein LLP on 7/19/2017

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

Second Circuit Denies Latest Request for En Banc Review in Title VII Sexual Orientation Discrimination Case

Mintz - Employment Viewpoints on 7/1/2017

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

Second Circuit Orders En Banc Review of Panel Holding that Title VII Does Not Prohibit Sexual Orientation Discrimination

Mintz - Employment Viewpoints on 6/5/2017

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

Second Circuit Panel: No, We Still Can’t Overturn Precedent on Sexual Orientation Discrimination

Mintz - Employment Viewpoints on 4/25/2017

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

Seventh Circuit Indicates It May Conclude that Sexual Orientation Discrimination is Sex Discrimination Under Title VII

FordHarrison on 12/13/2016

Since its enactment, courts have followed the premise that Title VII of the Civil Rights Act of 1964 does not prohibit sexual orientation discrimination. A changing of the tides began in July 2015, when the Equal Employment...more

Seventh Circuit to Re-Hear Case Determining Whether Sexual Orientation Discrimination is Covered By Title VII

Seyfarth Shaw LLP on 10/27/2016

Seyfarth Synopsis: A Seventh Circuit panel’s ruling that Title VII does not cover claims of sexual orientation discrimination will be heard en banc by the Circuit. Whether an en banc ruling affirms or reverses the panel’s...more

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