Second Circuit Amicus Brief in Support of Plaintiff-Appellant in Christiansen v. Omnicom Group, Inc. et al. (LeGaL, City Bar, NYCLA, NGLCCNY, Out & Equal Workplace Advocates, WBASNY) (16-748)

SUMMARY

The LGBT Rights Committee (Anna Pohl, Chair), along with the LGBT Bar Association of Greater New York (LeGaL), the New York County Lawyers Association (NYCLA), New York Office of the National Gay & Lesbian Chamber of Commerce (NGLCCNY), Out & Equal Workplace Advocates, and the Women’s Bar Association of the State of New York (WBASNY), filed an amicus brief in the Second Circuit in support of the plaintiff-appellant in Christiansen v. Omnicom Group, Inc. In the brief, they argue that discrimination on the basis of sexual orientation is discrimination on the basis of sex prohibited under Title VII of the Civil Rights Act of 1964.  Constrained by prior outdated decisions, the panel in Christiansen furthered a distinction between gender stereotyping and stereotyping based on sexual orientation that is vague and unworkable; moreover, the prior decisions on which the panel relied are in direct conflict with Supreme Court and Second Circuit case law.  The brief urges the Second Circuit to grant rehearing en banc to overturn its outdated precedent.