• Zarda v. Altitude Express was a case in which the Second Circuit determined that discrimination on the basis of sexual orientation violated the Civil Rights Act of 1964

AKA

  • Melissa Zarda v. Altitude Express, Inc., 883 F.3d 100 (2d Cir. 2018) (en banc)

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Timeline

  • Events

Outcome

  • The Second Circuit held, 10-3, that the Civil Rights Act of 1964's ban on employer discrimination on the basis of "sex" necessarily prevented discrimination on the basis of sexual orientation
  • The Second Circuit's opinion was very similar to the Flaum and Ripple concurrence from Hively v. Ivy Tech

Legacy

  • The Supreme Court granted certiorari on April 22, 2019 for consideration during the October 2019 term.

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