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Labor & Employment Law
: New York Public Personnel Law2nd 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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2nd Holds Sexual Orientation Discrimination Is Not Actionable Under Title VII
Title VII Does Not Protect Sexual Orientation Discrimination
Idaho lawmakers reject sexual orientation discrimination bill
Colorado sexual orientation discrimination bill fosters heated debate in the Senate
OR Lawmakers initiative would repeal sexual orientation discrimination law
House votes to prohibit employment discrimination based on sexual orientation
Third Circuit hears case on gender stereotyping or sexual orientation discrimination







