NWLC, the ACLU, and the New York Civil Liberties Union submitted an amicus brief to a full panel of the Second Circuit Court of Appeals, urging it to recognize that sexual orientation discrimination is a form of sex discrimination under Title VII of the Civil Rights Act of 1964. The brief was joined by 14 other organizations.

The brief supports the employee in Zarda v. Altitude Express. Donald Zarda, a sky diving instructor who is now deceased, alleged he was fired after he disclosed his sexual orientation to a customer.

The Second Circuit will reconsider, as a full panel, its outdated decision from 2000 in Simonton v. Runyon, where it held that harassment on the basis of sexual orientation is not sex-based discrimination prohibited by Title VII. Oral argument is scheduled for September 26, 2017.

UPDATE: On February 26, 2018, the Second Circuit issued a decision finding that discrimination based on sexual orientation is sex discrimination prohibited by Title VII, becoming the second federal appellate court to so decide. In doing so, the full Second Circuit overruled its previous decision in the case, and its prior precedent.