The Second Circuit Ruled in Zarda v. Altitude Express that sexual orientation should be protected under Title VII.

Ballard Spahr attorneys Louis L. Chodoff, Kelly Kindig, and Noah J. Goodman explained that, among other things, the ruling highlights the uncertainty that exists in the courts. "Although federal law is still in flux on this issue, employers should remember that many states and municipalities have amended their fair employment practices laws to expressly prohibit employment discrimination on the basis of sexual orientation and gender identity or expression."

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