Zarda v. Altitude Express, Inc. was a legal case decided on February 26, 2018 by the United States Court of Appeals for the Second Circuit. It started in 2010 with a discrimination suit. In September 2017, both the Equal Employment Opportunity Commission and the Department of Justice filed amicus briefs in the case, arguing opposite sides. The final ruling did not focus on the merits of Zarda's case specifically, but whether sexual orientation was protected as a function of sex, in effect protecting gay workers from discrimination under the Civil Rights Act.
Video Zarda v. Altitude Express, Inc.
Case
In 201 Donald Zarda was fired from his skydiving job. He had told a customer he was gay to make her more comfortable with being strapped together. The woman's boyfriend later complained to the company that she had felt uncomfortable during the experience, and Zarda was fired as a result. He sued the company Altitude Express as a result. In October 2010, the press first reported that Zarda had brought his firing to court, with Skydrive Long Island claiming Zarda had been fired for alleged "inappropriate behavior in the workplace," with Zarda's lawyer arguing the customer had been homophobic and the firing was due to Zarda's sexual orientation. Zarda died on October 3, 2014 in Switzerland in a base jumping accident and the case was continued by his family.
A lower court and the 2nd Circuit US Court of Appeals based in Manhattan ruled against Zarda, distinguishing sex and sexual orientation, and a full panel of 2nd Circuit judges afterwards agreed to see the case. A full court agreed in May to review the case. In July 2017 the United States Justice Department under President Trump had unexpectedly interceded in the case, arguing in a friend of the court brief that Title VII of the 1964 Civil Rights Act did not explicitly cover sexual-orientation discrimination in the workplace. This stance put the DOJ at odds with the Equal Employment Opportunity Commission, which filed an amicus brief in support of Zarda. The DOJ explained its position to the U.S. Circuit Court of Appeals, based in New York. The brief argued that the law does not define "sex," and that the common "ordinary" usage protected being biologically female or male. The American Bar Association announced that it disagreed with the DOJ's stance, arguing to protect gay rights. The DOJ argued as well that employers were free "to regulate employees' off-the-job sexual behavior" and could discriminate for promiscuity, adultery, or sexual orientation.
By September 26, 2017, it was on the road to the Supreme Court, with Zarda's side represented by Gregory Antollino and the group Lamba Legal. Antollino argued that "If you discriminate on the basis of sexual orientation, you necessarily take into account the sex of the employee. You can't take the 'sex' out of "sexual orientation." A number of opinions were published on the case.
After the argument was made on September 26, 2017, the opinion was issued on February 26, 2018.
Maps Zarda v. Altitude Express, Inc.
Ruling
On February 26, 2018, the United States Court of Appeals for the Second Circuit (covering Connecticut, New York and Vermont) ruled that Title VII of the Civil Rights Act of 1964 prohibits sexual orientation employment discrimination under the category of sex. In a 10-3 vote, the court ruled that "because sexual orientation is a function of sex and sex is a protected characteristic under Title VII, it follows that sexual orientation is also protected." The ruling did not focus on the merits of Zarda's case specifically, but whether sexual orientation was protected as a function of sex, and in effect protected gay workers under the Civil Rights Act.
References
Source of article : Wikipedia
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