# Appeals Court Rules that Title VII Covers Discrimination Based on Sexual Orientation Written on January 01, 1970. Earlier this week, the Second Circuit Court of Appeals (covering New York, Connecticut and Vermont), in an *en banc* decision, ruled that Title VII's prohibition on discrimination on the basis of sex extends to discrimination based on sexual orientation. (*Zarda v. Altitude Express, Inc*., 2d Cir., No. 15-03775, opinion 2/26/18). "Sexual orientation discrimination—which is motivated by an employer's opposition to romantic association between particular sexes—is discrimination based on the employee's own sex," the appeals court said in an opinion by Judge Robert Katzmann. This decision reversed one by a three-judge panel of the same court. The case drew a lot of interest: a group of 50 companies and organizations—including Microsoft Corp., Alphabet Inc.'s Google and Viacom Inc.—filed briefs arguing discrimination based on sexual orientation should be illegal. On the other side, the Trump administration supported the employer and argued against the protection of sexual orientation from discrimination under Title VII. Attorney General Jeff Sessions has been critical of the decision. This is the second Appeals Court (the Seventh Circuit is the other) to find that discrimination on the basis of sexual orientation is covered by Title VII. However, the Eleventh Circuit Court of Appeals (covering Georgia, Florida and Alabama) ruled last year that Title VII does not cover discrimination on the basis of sexual orientation. A request for the U.S. Supreme Court to hear the Eleventh Circuit case was denied. Nevertheless, there is an obvious split among the Circuits on this issue, and the U.S. Supreme Court is the place to resolve these types of splits, so stay tuned! [Kathleen Jennings, Principal](http://www.wimlaw.com/index.php/kathleen-jennings-partner) is a principal in the Atlanta office of Wimberly, Lawson, Steckel, Schneider, & Stine, P.C. She defends employers in sexual harassment and other employment litigation and provides training and counseling to employers in employment matters. She can be contacted at . *©2018 Wimberly Lawson* *The materials available at this blog site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Wimberly Lawson and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.* Earlier this week, the Second Circuit Court of Appeals (covering New York, Connecticut and Vermont), in an *en banc* decision, ruled that Title VII's prohibition on discrimination on the basis of sex extends to discrimination based on sexual orientation. (*Zarda v. Altitude Express, Inc*., 2d Cir., No. 15-03775, opinion 2/26/18). "Sexual orientation discrimination—which is motivated by an employer's opposition to romantic association between particular sexes—is discrimination based on the employee's own sex," the appeals court said in an opinion by Judge Robert Katzmann. This decision reversed one by a three-judge panel of the same court. The case drew a lot of interest: a group of 50 companies and organizations—including Microsoft Corp., Alphabet Inc.'s Google and Viacom Inc.—filed briefs arguing discrimination based on sexual orientation should be illegal. On the other side, the Trump administration supported the employer and argued against the protection of sexual orientation from discrimination under Title VII. Attorney General Jeff Sessions has been critical of the decision. This is the second Appeals Court (the Seventh Circuit is the other) to find that discrimination on the basis of sexual orientation is covered by Title VII. However, the Eleventh Circuit Court of Appeals (covering Georgia, Florida and Alabama) ruled last year that Title VII does not cover discrimination on the basis of sexual orientation. A request for the U.S. Supreme Court to hear the Eleventh Circuit case was denied. Nevertheless, there is an obvious split among the Circuits on this issue, and the U.S. Supreme Court is the place to resolve these types of splits, so stay tuned! [Kathleen Jennings, Principal](http://www.wimlaw.com/index.php/kathleen-jennings-partner) is a principal in the Atlanta office of Wimberly, Lawson, Steckel, Schneider, & Stine, P.C. She defends employers in sexual harassment and other employment litigation and provides training and counseling to employers in employment matters. She can be contacted at . *©2018 Wimberly Lawson* *The materials available at this blog site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Wimberly Lawson and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.* - [](https://x.com/intent/post?url=https%3A%2F%2Fwimlaw.com%2Farticles%2Fhr-id-system-readmore.md&text=) - [](https://www.facebook.com/sharer/sharer.php?u=https%3A%2F%2Fwimlaw.com%2Farticles%2Fhr-id-system-readmore.md) - [](https://www.linkedin.com/sharing/share-offsite/?url=https%3A%2F%2Fwimlaw.com%2Farticles%2Fhr-id-system-readmore.md) - [](mailto:?subject=Appeals%20Court%20Rules%20that%20Title%20VII%20Covers%20Discrimination%20Based%20on%20Sexual%20Orientation) ![Kathleen J. Jennings](https://wimlaw.com/images/resources/articles/2020/06/kathleen-portrait-300.jpg) Kathleen J. Jennings Former Principal Kathleen J. Jennings is a former principal in the Atlanta office of Wimberly, Lawson, Steckel, Schneider, & Stine, P.C. She defends employers in employment matters, such as sexual harassment, discrimination, Wage and Hour, OSHA, restrictive covenants, and other employment litigation and provides training and counseling to employers in employment matters. ## Related Content ## Get Email Updates Receive newsletters and alerts directly in your email inbox. Sign up below. ## Recent Content [ Articles ](https://wimlaw.com/index.php?option=com_content&view=category&id=205) [ ![chaotic light lines](https://wimlaw.com/media/yootheme/cache/33/soheb-zaidi-yuv1FPyZdR0-unsplash-33611845.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1604:termination-tps-status-july-10-update&catid=52)### [TPS UPDATE! Termination of TPS Status for Haitians, Syrians, Somalians, South Sudanese, Yemeni, Ethiopians, and Burmese](https://wimlaw.com/index.php?option=com_content&view=article&id=1604:termination-tps-status-july-10-update&catid=52) [Alerts](https://wimlaw.com/index.php?option=com_content&view=category&id=52) On July 10, 2026, E-Verify notified employers that work authorization is extended temporarily through July 24, 2026, for workers from the f… [Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1604:termination-tps-status-july-10-update&catid=52) [ ![connected spheres](https://wimlaw.com/media/yootheme/cache/12/d-koi-COFXWa6LJdw-unsplash-12ea6ce5.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1598:dol-joint-employer-rule&catid=53)### [DOL Issues New Joint Employer Rule Proposal](https://wimlaw.com/index.php?option=com_content&view=article&id=1598:dol-joint-employer-rule&catid=53) [Employment Law Newsletter: A Monthly Report On Labor Law Issues](https://wimlaw.com/index.php?option=com_content&view=category&id=53) The U.S. Department of Labor (DOL) announced on April 22, 2026, a new proposed rule clarifying when multiple employers are jointly liable f… [Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1598:dol-joint-employer-rule&catid=53) [ ![plaintiff sign](https://wimlaw.com/media/yootheme/cache/89/wesley-tingey-mlGJB5D9IS0-unsplash-898571c2.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1599:scotus-drivers-exempt-faa-arbitration&catid=53)### [The Supreme Court Again Addresses Whether Drivers Are Exempt from FAA Arbitration Agreements ](https://wimlaw.com/index.php?option=com_content&view=article&id=1599:scotus-drivers-exempt-faa-arbitration&catid=53) [Employment Law Newsletter: A Monthly Report On Labor Law Issues](https://wimlaw.com/index.php?option=com_content&view=category&id=53) The Federal Arbitration Act (FAA) encourages the use and enforcement of arbitration agreements, although the Act contains an exception for… [Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1599:scotus-drivers-exempt-faa-arbitration&catid=53) [ ![3](https://wimlaw.com/media/yootheme/cache/a0/marcel-eberle-FGYv8CDQBmg-unsplash-a0ece82f.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1600:nlrb-member-trump-nominee-change&catid=53)### [Trump Nominates Third NLRB Member, Whose Confirmation Signals Potential for Change ](https://wimlaw.com/index.php?option=com_content&view=article&id=1600:nlrb-member-trump-nominee-change&catid=53) [Employment Law Newsletter: A Monthly Report On Labor Law Issues](https://wimlaw.com/index.php?option=com_content&view=category&id=53) On April 13, 2026, President Trump nominated James Macy to fill the third vacant Republican seat on the National Labor Relations Board (NLR… [Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1600:nlrb-member-trump-nominee-change&catid=53) [ ![deception](https://wimlaw.com/media/yootheme/cache/3e/mick-haupt-2vCvnNhsi6E-unsplash-3e10d265.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1601:defendant-sues-plaintiff-fabricated-sex-harassment&catid=53)### [Defendant Sues Plaintiff Over “Fabricated” Sex Harassment Claims](https://wimlaw.com/index.php?option=com_content&view=article&id=1601:defendant-sues-plaintiff-fabricated-sex-harassment&catid=53) [Employment Law Newsletter: A Monthly Report On Labor Law Issues](https://wimlaw.com/index.php?option=com_content&view=category&id=53) An employer official named in a graphic sexual harassment suit brought a counter-claim against her accuser for defamation, calling his alle… [Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1601:defendant-sues-plaintiff-fabricated-sex-harassment&catid=53) [ ![pointing to computer](https://wimlaw.com/media/yootheme/cache/07/john-FlPc9_VocJ4-unsplash-07928d89.jpg) ](https://wimlaw.com/index.php?option=com_content&view=article&id=1602:federal-workers-tougher-performance-reviews&catid=53)### [Federal Workers to Get New and Tougher Performance Reviews](https://wimlaw.com/index.php?option=com_content&view=article&id=1602:federal-workers-tougher-performance-reviews&catid=53) [Employment Law Newsletter: A Monthly Report On Labor Law Issues](https://wimlaw.com/index.php?option=com_content&view=category&id=53) No personnel issues have been debated longer and more thoroughly than that of the utility of performance reviews. Some argue that such rev… [Read more](https://wimlaw.com/index.php?option=com_content&view=article&id=1602:federal-workers-tougher-performance-reviews&catid=53) ### Additional Legal Resources [### Newsletter Explore ](https://wimlaw.com/publications/newsletters) [### Books Explore ](https://wimlaw.com/publications/books) [### Alerts Explore ](https://wimlaw.com/alerts) [### Articles Explore ](https://wimlaw.com/articles) [### Audits Explore ](https://wimlaw.com/audits) [### Events Explore ](https://wimlaw.com/events)