NWLC filed an amicus brief in the Second Circuit Court of Appeals that requests full panel review of a case and argue that sexual orientation is protected 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 female customer, whose boyfriend then complained to the employer.
The request for full panel review asks the Second Circuit to reconsider its outdated decision from 2000 in Simonton v. Runyon, where it held that harassment on the basis of sexual orientation is not sex-based discrimination prohibited by Title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.