Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Tag Archives: Zarda v. Altitude Express

You decide: Why the DOJ says Title VII does NOT prohibit sexual orientation bias

Posted in Discrimination, ENDA, Sexual Orientation
Last week, I had a short post about the position taken by the U.S. Department of Justice in the Zarda v. Altitude Express “gay skydiver” case. The DOJ has directly opposed the Equal Employment Opportunity Commission, which had also filed a brief in the case. The EEOC says that sexual orientation discrimination is prohibited by Title VII.… Continue Reading

Battle of the feds! DOJ, EEOC lock horns on sexual orientation bias

Posted in Discrimination, Sexual Orientation
Whoa. The U.S. Department of Justice and the Equal Employment Opportunity Commission are at cross purposes in the “gay skydiver” case. Are they ever. Do you remember Zarda v. Altitude Express? The U.S. Court of Appeals for the Second Circuit recently signaled that it might overrule its precedent holding that Title VII’s ban on sex discrimination… Continue Reading

Gender identity not covered by Missouri Human Rights Act, court says

Posted in Discrimination, Gender Identity Discrimination, Sexual Orientation
Last week, the Missouri Court of Appeals issued an opinion holding that gender identity is not covered by the prohibition on sex discrimination in the Missouri Human Rights Act. The opinion builds on a 2015 opinion from the same court, which held that sexual orientation was not covered under the MHRA. Last week’s opinion arose from… Continue Reading

BREAKING: Full Second Circuit to reconsider whether Title VII prohibits sexual orientation bias

Posted in Discrimination, Sexual Orientation
The U.S. Court of Appeals for the Second Circuit (Connecticut, New York, and Vermont) agreed yesterday to rehear en banc an appeal from the estate of a gay skydiving instructor who alleged he was fired after a customer complained about his sexual orientation. The case is Zarda v. Altitude Express. The issue to be decided by… Continue Reading