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Labor & Employment Law

: New York Public Personnel Law

2nd Circuit Holds Sexual Orientation Discrimination Is Not Actionable Under Title VII

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2nd Circuit Holds Sexual Orientation Discrimination Is Not Actionable Under Title VII
Source: Adjunct Law Prof Blog; Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved.

Kiley v. ASPCA, ___F.3d___(2d Cir. Oct. 2, 2008), is a short decision which reviews several fundamental Title VII principles. The court holds that discrimination on account of sexual orientation is not actionable.

Additionally, the court recognizes a cause of action may be viable as sexual stereotyping, but that a plaintiff cannot bootstrap a sexual orientation case as a stereotyping case.

Unfortunately, the court does not provide much guidance with respect to how courts should distinguish between these two claims.

Mitchell H. Rubinstein

Full post as published by New York Public Personnel Law on October 27, 2008 (boomark / email).

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