From labor disputes cases to labor and employment publications, for your research, you’ll find solutions on Bloomberg Law®. Protect your clients by developing strategies based on Litigation...
The estate of a deceased gay skydiving instructor who alleged he was fired because of his sexual orientation has no claim under federal anti-discrimination law, a federal appeals court in New York ruled ( Zarda v. Altitude Express , 2017 BL 125857, 2d Cir., No. 15-3775, 4/18/17 ).
Only the full appeals court can reconsider circuit precedent that holds Title VII of the 1964 Civil Rights Act doesn’t cover bias based on sexual orientation, a three judge panel of the Second Circuit said April 18.
The plaintiffs will ask the full appeals court to do just that, said Gregory Antollino, the New York City attorney who represented the estate.
The case is “pretty much set up” for the full U.S. Court of Appeals for the Second Circuit to reconsider its precedent that denies Title VII protection to gay and lesbian workers, Antollino told Bloomberg BNA April 18.
The plaintiffs are disappointed with the result but pleased the panel issued a decision, Antollino said. “Now, we can go on to the next step” of asking the full Second Circuit to consider the case.
The full U.S. Court of Appeals for the Seventh Circuit in Chicago April 4 became the first federal appeals court to rule Title VII’s ban on sex discrimination necessarily prohibits bias based on sexual orientation. The Seventh Circuit by an 8-3 vote overruled its own circuit precedent in that case.
But the Second Circuit is among the majority of federal appeals courts that have long-standing decisions holding Title VII doesn’t reach sexual orientation.
Last month, a separate Second Circuit panel deciding another case also said it lacked power to overturn the appeals court precedent that Title VII doesn’t cover sexual orientation.
But Judge Robert Katzmann wrote separately on that occasion to say that in an appropriate case, the full Second Circuit should revisit its 2000 precedent in Simonton v. Runyon.
That signals a number of Second Circuit judges “have come to realize that Simonton has outlived its usefulness,” Antollino said.
The Eleventh Circuit also recently ruled Title VII doesn’t prohibit sexual orientation discrimination, citing its own past decisions. A petition for review by the full Eleventh Circuit has been filed in that case, Evans v. Georgia Regional Hospital.
To contact the reporter on this story: Kevin McGowan in Washington at firstname.lastname@example.org
Text of the opinion is available at http://www.bloomberglaw.com/public/document/Zarda_v_Altitude_Express_No_153775_2017_BL_125857_2d_Cir_Apr_18_2.
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)