Zarda v. Altitude Express (USA)

In an en banc ruling in Zarda v. Altitude Express, the Second Circuit has joined the Seventh Circuit (see Hively v. Ivy Tech Community College) in holding “that sexual orientation is a function of sex and, by extension, sexual orientation discrimination is a subset of sex discrimination.” Don Zarda, the plaintiff, was a base jumper who died in an accident in 2014.

“Because one cannot fully define a person’s sexual orientation without identifying his or her sex, sexual orientation is a function of sex. Indeed sexual orientation is doubly delineated by sex because it is a function of both a person’s sex and the sex of those to whom he or she is attracted. Logically, because sexual orientation is a function of sex and sex is a protected characteristic under Title VII, it follows that sexual orientation is also protected.”

Read the Second Circuit’s decision in full here.

Zarda is Out: En Banc Second Circuit Holds Sexual Orientation Discrimination is Protected by Title VII — nyappeals.com