Second Circuit Again Constrained to Dismiss Title VII Sexual Orientation  Discrimination Claim 

A panel of the Second Circuit again holds that it is constrained to dismiss Title VII sexual orientation discrimination claim by court’s prior Simonton holding. The Court’s recent Christiansen and Zarda holdings set the stage for en banc reconsideration of seemingly outdated Circuit precedent that Title VII does not protect against sexual orientation discrimination.

The Second Circuit’s opinion can be found here.