Supreme Court Grants Cert in SDNY Case to Address Whether Sexual Orientation Discrimination Violates Title VII

Today, the Supreme Court granted certiorari in two consolidated cases raising the question of whether sexual orientation discrimination violates Title VII. One of the cases is Zarda v. Altitude Express, Inc., in which Judge Failla applied, but heavily criticized, binding Second Circuit precedent disallowing such claims.  The Second Circuit, sitting en banc, ultimately reversed the precedent, finding that such claims could proceed. Our coverage of the Zarda case is here.  Supreme Court filings are available at the SCOTUSblog page for the case, see here.