Workplace discrimination based on sexual orientation

Can an employment lawsuit be based on the premise that discrimination based on sexual orientation is a Title VII violation under the Civil Rights Act of 1964? On Feb. 26, 2018, the Second Circuit Court of Appeals said in a 10-3 decision in Zarda v. Altitude Express Inc. that sexual orientation discrimination constitutes a form of discrimination “because of . . . sex,” in violation of Title VII.

Some legal experts have predicted that the case might eventually make its way to the Supreme Court. Last April, the Seventh Circuit ruled in a separate case that Title VII could be applied to a similar workplace situation. But the Supreme Court passed on a third case, out of Georgia, that dealt with the same issue.

Joining us on this podcast are two experts with different takes on this question.               

John Eastman is Henry Salvatori Professor of Law and Community Service

and Former Dean at Chapman University Law School. He is also the Director of the University’s Center for Constitutional Jurisprudence.

Suzanne Goldberg is Herbert and Doris Wechsler Clinical Professor of Law at Columbia Law School, where she also directs the Law School’s Center for Gender and Sexuality Law and its Sexuality and Gender Law Clinic.

National Constitution Center president and CEO Jeffrey Rosen moderates the discussion.

Questions or comments? We would love to hear from you. Contact the We the People team at podcast@constitutioncenter.org

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