Zarda v. Altitude Express, Inc.

Allegation: Long Island, N.Y. skydiving instructor is fired after homophobic customer complains about him. Can the instructor sue his former employer under Title VII—which prohibits sex discrimination in the workplace—for sexual orientation discrimination? Yes, says a divided Second Circuit, sitting en banc. Sexual orientation discrimination “is a function of sex.” What’s more, though few people would have understood Title VII to ban discrimination against LGBT individuals when the law was passed in 1964, such discrimination is a “reasonably comparable evil” to what Congress did intend to ban.

Tags: 2018, Discrimination, En Banc, Second Circuit, Title VII

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