On August 17, 2018, I wrote about the division among federal appellate courts as to whether Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment on the basis of sexual orientation (Part 1). This morning the Supreme Court of the United States granted petitions for writs of certiorari in two of the cases about which I wrote, Zarda v. Altitude Express, Inc., which was decided by the U.S. Court of Appeals for the Second Circuit, and Bostock v. Clayton County Board of Commissioners, which was decided by the U.S. Court of Appeals for the Eleventh Circuit. The petitions for certiorari in the cases were ripe for decision when the Supreme Court began its current term in October 2018. However, the cases were relisted for consideration by the justices’ conference multiple times. What that delay means no one outside the Supreme Court knows. But, we now do know that there will be a definitive decision as to whether Title VII prohibits discrimination on the basis of sexual orientation by the end of the Supreme Court’s October 2019 Term in June 2020. Stay tuned.
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