The U.S. Court of Appeals for the Second Circuit recently joined the Seventh Circuit in holding that Title VII prohibits discrimination based on sexual orientation, overruling prior precedent to the contrary. Zarda v. Altitude Express, 883 F.3d 100 (2d Cir. 2018) (en banc). The court concluded that “sexual orientation discrimination is motivated, at least in part, by sex and is thus a subset of sex discrimination.” Id. at 112.
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