Second Circuit Decides in Employment Discrimination Case that it is Unlawful to Discriminate on the Basis of Sexual Orientation

Today, the Second Circuit found in an employment discrimination case that it is unlawful to discriminate against an individual based on his or her “sexual orientation” under Title VII.  This decision is compelling for civil rights litigators seeking to protect clients from employment discrimination on the basis of their sexual orientation.  The Third Circuit has yet to definitively decide this issue, and district courts have reached different conclusions.  We are hopeful that the Third Circuit will soon follow the Second Circuit’s decision and find it to be unlawful to discriminate against an individual in his or her employment based on sexual orientation.