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March 7, 2018

Stroock Special Bulletin

By: Elizabeth E. DiMichele, Howard S. Lavin

In Zarda v. Altitude Express, Inc., the United States Court of Appeals for the Second Circuit broke with its own precedent, holding that “sexual orientation discrimination constitutes a form of discrimination ‘because of sex,’ in violation of Title VII.”  The Second Circuit now joins the Seventh Circuit and the Equal Employment Opportunity Commission (“EEOC”) in recognizing such a claim.

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