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We the People

Workplace discrimination based on sexual orientation

We the People

National Constitution Center

News, News Commentary, History

4.61.1K Ratings

🗓️ 8 March 2018

⏱️ 43 minutes

🧾️ Download transcript

Summary

Can an employment lawsuit be based on the premise that discrimination based on sexual orientation is a Title VII violation under the Civil Rights Act of 1964? On Feb. 26, 2018, the Second Circuit Court of Appeals said in a 10-3 decision in Zarda v. Altitude Express Inc. that sexual orientation discrimination constitutes a form of discrimination “because of . . . sex,” in violation of Title VII. Some legal experts have predicted that the case might eventually make its way to the Supreme Court. Last April, the Seventh Circuit ruled in a separate case that Title VII could be applied to a similar workplace situation. But the Supreme Court passed on a third case, out of Georgia, that dealt with the same issue. Joining us on this podcast are two experts with different takes on this question.                John Eastman is Henry Salvatori Professor of Law and Community Service and Former Dean at Chapman University Law School. He is also the Director of the University’s Center for Constitutional Jurisprudence. Suzanne Goldberg is Herbert and Doris Wechsler Clinical Professor of Law at Columbia Law School, where she also directs the Law School’s Center for Gender and Sexuality Law and its Sexuality and Gender Law Clinic. National Constitution Center president and CEO Jeffrey Rosen moderates the discussion. Questions or comments? We would love to hear from you. Contact the We the People team at podcast@constitutioncenter.org The Constitution Center is offering CLE credits for select America’s Town Hall programs! Get more information at constitutioncenter.org/CLE.

Transcript

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0:00.0

I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome

0:10.9

to We The People, a weekly show of constitutional debate.

0:14.0

The National Constitution Center is the only institution in America, chartered by Congress,

0:19.0

to increase awareness and understanding of the Constitution among the American people.

0:25.0

That's an abbreviated version of our inspiring congressional motto and that goal of increasing awareness and understanding of the Constitution is just what the We The People

0:33.9

Podcast is about.

0:35.5

A few weeks ago, the Second Circuit Court of Appeals issued a landmark decision in Zarda

0:40.0

versus Altitude Express, Inc. which held that sexual orientation constitutes a form of discrimination

0:47.5

when it is the basis for discrimination because of sex in violation of Title VII.

0:52.8

Some have predicted that the case will make its way to the Supreme Court where a decision could

0:57.2

have wide-ranging national significance for gay rights, civil rights jurisprudence, and employment

1:02.2

law.

1:02.9

Joining us to discuss this important case

1:04.9

are two of America's leading constitutional scholars

1:08.4

and legal commentators.

1:10.1

Suzanne Goldberg is Herbert and Doris Wechler Clinical Professor of Law at Columbia Law School,

1:14.8

where she also directs the Law School Center for Gender and Sexuality Law and its Sexuality

1:20.0

and Gender Law Clinic. She's one of the country's foremost experts on gender and sexuality law

1:24.8

and a leading advocate for LGBTQ rights. John Eastman is Henry Salvatore Professor of

1:30.6

Law and Community Service and former Dean at Chapman University Law School.

1:34.6

He is also Director of the University's Center for Constitutional Jurisprudence and is affiliated with

1:39.1

the Claremont Institute as a Senior Fellow and Director of the Center for Constitutional Jurisprudence.

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