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. Altitude Express, No. 15-3775, en banc, (2d Cir. 2018) that Title VII protects individuals on the basis of sexual orientation, even though Title VII itself does not expressly state that it applies to sexual orientation discrimination. The case provides fascinating insight into how courts’ interpretations of statutes may change over time in light of changing social mores and developing doctrine. The issue is likely to make its way to the Supreme Court because although the Seventh Circuit (Illinois, Indiana and Wisconsin) agrees that Title VII prohibits sexual orientation discrimination, the Eleventh Circuit (Alabama, Florida and Georgia) has held that it does not.
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