• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

McOmber McOmber & Luber

Business & Employment Lawyers Red Bank & Marlton New Jersey

(732) 842-6500
  •   Free Consultation
  • Home
  • Firm Overview
    • History of the Firm
  • Practice Areas
    • Business Law
      • Business Law Practice Areas

      • Business Formation
      • Buy-Sell Agreements
      • Commercial Disputes
      • Dispute Resolution and Arbitration
      • Shareholder Disputes
    • Collections
      • Collections Practice Areas

      • Commercial Collections
      • Debt Collections
      • Judgment Enforcement
      • Personal Guarantee
      • Promissory Notes
    • Employment Contracts
      • Employment Contacts Practice Areas

      • Confidentiality and Non-Disclosure Agreements
      • Executive Agreements
      • Non-Compete Agreements
      • Severance Packages
    • Employment Discrimination
      • Employment Discrimination Practice Areas

      • Age Discrimination
      • Americans with Disabilities ACT (ADA)
      • Disability Discrimination
      • Gender Discrimination
      • HIV or Aids Discrimination
      • Hostile Work Environment
      • LGBT Discrimination in the Workplace
      • Pregnancy Discrimination
      • Racial Discrimination
      • Religious Discrimination in the Workplace
      • Sexual Orientation Discrimination in the Workplace
      • Wage Discrimination
      • EEOC Claims
    • Employment Law
      • Employment Law Practice Areas

      • At-Will Employment
      • EEOC Claims
      • FMLA
      • New Jersey Division on Civil Rights
      • New Jersey Family Leave Act
      • New Jersey Law Against Discrimination
      • New Jersey Paid Sick Leave
      • Reduction in Force
      • Unemployment Compensation Appeals
      • Wrongful Termination
      • Misclassified Employees
      • Medical Leave Benefits in New Jersey
      • Work From Home Laws
    • Litigation
      • Litigation Practice Areas

      • Civil Litigation
      • Contract Litigation
    • Class Actions
      • Class Action Practice Areas

      • Equal Pay Act
      • Overtime Pay
      • Tip Skimming
      • Misclassified Employees
    • Personal Injury
      • Personal Injury Practice Areas

      • Nursing Home Negligence
      • Product Liability
      • Uber Assault, Fraud, and Harassment
    • Real Estate
      • Real Estate Practice Areas

      • Land Use, Planning and Zoning
    • Sexual Harassment
      • Sexual Harassment Practice Areas

      • Hostile Work Environment Sexual Harassment
      • Housekeeper Sexual Harassment
      • LGBT Sexual Harassment
      • Medical Professional Abuse
      • Quid Pro Quo Sexual Harassment
      • Sexual Abuse
      • Sexual Harassment in Doctors’ Offices and Healthcare
      • Sexual Harassment in Nursing
      • Sexual Harassment of Administrative Assistants
      • Sexual Harassment of Housekeeping and Janitorial Workers
      • Sexual Harassment Retaliation
      • Sexual Harassment in Dental Offices
      • Sexual Harassment in the Entertainment Industry
      • Sexual Harassment in Bars and Restaurants
    • Wage & Hour
      • Wage & Hour Practice Areas

      • Equal Pay Act
      • Overtime Pay
      • Tip Skimming
      • Tipped Employees
    • Government Fraud/False Claims Act
      • False Claims Act Practice Areas

      • Qui Tam Action
      • Prevailing Wage & False Claims Act
    • Whistleblowing & Retaliation
      • Whistleblowing & Retaliation Practice Areas

      • Conscientious Employee Protection Act (CEPA)
      • Whistleblower
      • Workplace Retaliation
      • Consumer Fraud Attorney
    • Other Legal Services
      • Other Legal Services

      • Estate Law
  • Our Successes
    • Client Reviews
    • Verdicts & Settlements
    • Representative Clients
  • Team
  • FAQs
  • News
  • Office Locations
  • Contact Us
U.S. Supreme Court Hears Two Cases of Sexual Orientation Discrimination | Header Image | McOmber McOmber & Luber

U.S. Supreme Court Hears Two Cases of Sexual Orientation Discrimination

October 4, 2019 by Red Bank Legal

The New Jersey Law Against Discrimination (NJLAD) includes extensive and broad protections against discrimination in the workplace. The law prohibits employers from discriminating against their employees on the basis of race, color, sex, pregnancy, sexual orientation, gender identity, etc. However, factors like sexual orientation and gender identity or expression are not explicitly protected under federal laws and many other state laws.

Federal Protections

Title VII of the Civil Rights Act includes five protected factors under the act. Over the years, court rulings and amendments to the law have broadened the definition of “sex discrimination” on the federal level. This expansion allows sexual harassment and pregnancy discrimination to fall under the category of sex discrimination. However, many federal courts are reluctant to expand this definition further. The courts are hesitant to include factors like sexual orientation in their interpretation of the statute.

Circuit Court Splits

Two appellate courts reached different conclusions on two cases that involved sexual orientation discrimination claims under Title VII. The two cases were in the U.S. Court of Appeals for the Second and Eleventh Circuit. Since this created a split in the circuit, in April of 2019, the United States Supreme Court agreed to hear the two cases. Similarly, the U.S. Supreme Court also agreed to hear a Title VII case including allegations of gender identity discrimination.

In the Second Circuit case, Donald Zarda worked for Altitude Express Inc. After revealing his sexual orientation to a skydiving client, his company fired him. Zarda then filed suit against Altitude Express for his termination. The Second Circuit three-judge panel held that sexual orientation discrimination constitutes a form of discrimination because of “sex” in violation of Title VII. The court emphasized that Title VII includes a broad rule of workplace equality, and sex factors into sexual orientation. The court found that one cannot fully define a person’s sexual orientation without identifying his or her sex. Further, the court held that sexual orientation is a function of sex.

On the other hand, the Eleventh Circuit ruled on a case brought by a child welfare services coordinator, Gerald Bostock. In his claim, he alleged that after the county of his employment learned he was gay, the county then falsely accused him of mismanaging public money. This led to his termination. However, he claims that the real reason for his termination was his sexual orientation. The Eleventh Circuit affirmed the district court’s ruling that the statute does not apply to discrimination based on sexual orientation.

United States Supreme Court Weighs In

Clearly, there is a split between the courts’ conclusions as to whether or not sexual orientation and gender identity are protected under Title VII. The United States Supreme Court will begin hearing oral arguments to resolve the courts’ splits this fall 2019.

Filed Under: Sexual Orientation

Primary Sidebar

Related Practice Areas

  • Sexual Orientation Discrimination in the Workplace | Blog | McOmber McOmber & Luber
    Sexual Orientation Discrimination in the Workplace

Red Bank Office

  • 54 Shrewsbury Avenue, Red Bank, NJ 07701
    732.842.6500
    732.530.8545
    info@njlegal.com

Marlton Office

  • 39 E. Main Street, Marlton, NJ 08053
    856.985.9800
    856.263.2450
    info@njlegal.com

Newark Office

  • 60 Park Place Suite 307, Newark, NJ 07102
    973.878.9040
    973.310.5216
    info@njlegal.com

Footer

McOmber McOmber & Luber

McOmber McOmber & Luber is focused on delivering exceptional representation and responsive client service. We tailor innovative and cost-effective solutions for each matter we handle.

Quick Links

  • Home
  • Firm Overview
  • Practice Areas
  • Team
  • Office Locations
  • FAQ
  • Press
  • Our Successes
  • Contact Us
  • Awards & Honors
  • Civil Certified Attorney
  • Careers
  • Blog
  • Client Reviews

Practice Areas

  • Business Law
  • Collections
  • Employment Contracts
  • Employment Discrimination
  • Employment Law
  • Litigation
  • Personal Injury
  • Real Estate
  • Sexual Harassment
  • Wage & Hour Attorney
  • Whistleblowing & Retaliation
  • Other Legal Services

Copyright © 2023 · McOmber McOmber & Luber, P.C. All Rights Reserved

  • Privacy Policy
  • Site Map
  • Log In

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

This website’s information does not, and is not intended to, constitute legal advice or form an attorney-client relationship. All content is for general information and may not constitute the most up-to-date legal information. You should consult with an attorney for advice on specific legal problems. Read the full Disclaimer here. Your Privacy Choices Notice at Collection

Free Consultation