Legal Opinion · Concurrence

Christiansen v. Omnicom Group, Inc.

Court of Appeals for the Second Circuit

Decided March 27, 2017No. Docket No. 16-748Published

1ConcurrenceKatzmann, Chief Judge

To ascertain whether Title VII of the Civil Rights Act of 1964 prohibits sexual orientation discrimination, we begin with the text:

It shall be an unlawful employment practice for an employer ... to fail or refuse to hire or to discharge ... or otherwise to discriminate against any individual with respect to his [or her] compensation, terms, conditions, or priv*202ileges of employment, because of such individual's ... sex ....

42 U.S.C. § 2000e-2(a)(l). Christiansen and amici advance three arguments, none previously addressed by this Court, that sexual orientation discrimination is, almost by…

2Cases cited20 opinions

  1. Harris v. Forklift Systems, Inc.Supreme Court of the United States · 1993
  2. Price Waterhouse v. HopkinsSupreme Court of the United States · 1989
  3. Oncale v. Sundowner Offshore Services, Inc.Supreme Court of the United States · 1998
  4. Loving v. VirginiaSupreme Court of the United States · 1967
  5. Lawrence v. TexasSupreme Court of the United States · 2003

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