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Case Notes

By Mark Hamblett
July 01, 2017

Second Circuit Wrangles With Workplace Discrimination Question

The latest test of whether part of the Civil Rights Act can be read to bar workplace discrimination because of sexual orientation proved complicated on Jan. 20 at the U.S. Court of Appeals for the Second Circuit. A three-judge panel wrestled with the impact of an EEOC about-face on the issue, and the court's power to overturn its own precedent saying Title VII doesn't cover sexual orientation.

“It's not about sex per se — it doesn't matter who you slept with last night,” attorney Susan Chana Lask said for plaintiff Matthew Christiansen. “It's about skills.”

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