Title VII Complaint Dismissed by New York District Court for the Southern District

Provided by the Labor & Employment Law Section Executive Committee

On March 9, the New York District Court for the Southern District of New York begrudgingly dismissed a Title VII complaint alleging the employer unlawfully discriminated against its employee because of his sex, more specifically his sexual orientation. The Court noted it was "constrained" to follow Second Circuit law holding, in 2000, that Title VII doesn't protect against discrimination because of sexual orientation.

The District Court went on to review the developments in LGBT rights under the law since 2000, including the Supreme Court's decisions in Windsor and Obergefell and the EEOC's 2015 decision in Baldwin, and explicitly requested the Second Circuit to revisit the issue. This result was apparently anticipated, as plaintiff's counsel hailed the dismissal as a win and filed a notice of appeal later the same day. The case is Chirstiansen v. Omnicon Group, Inc., Case No. 1:15-cv-03440 (S.D.N.Y.). Coverage appears here: http://www.law360.com/articles/770004/2nd-circ-lgbt-bias-precedent-needs-fresh-look-judge-says  (registration may be required).