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One to Keep An Eye On: Christiansen v. Omnicom Group, Inc.


As with many employment and labor law related cases that are being litigated around the country, there are always a few that stand out.  This is one to keep an eye on.


Facts:  Matthew Christiansen filed suit against Omicom on the grounds that the company discriminated against him because he was gay, among other reasons.  While sexual orientation, in and of itself is not classified as sex discrimination under Title VII of the Civil Rights Act of 1964, Christiansen argued it should be included as a protected class under Title VII.  While the District Court agreed with this argument, Christiansen's claim was dismissed on the grounds that a prior decision, Simonton v. Runyon, had held that sexual orientation based discrimination is not covered under the law.  Christiansen subsequently appealed.

The Main Issue:  Does sexual orientation fall within a protected class (and amount to sex discrimination) that is covered under Title VII of the Civil Rights Act of 1964?

Current Status:  On June 28, 128 members of Congress (23 Senators and 105 Representatives) filed an amicus curiae brief and urged the Second Circuit Court of Appeals to conclude that discrimination based upon sexual orientation is in fact sex discrimination (and therefore a violation of Title VII of the Civil Rights Act of 1964).  In the brief, the members of Congress urged the Second Circuit to scrap the ruling from Simonton v. Runyon as "outdated" and create new precedent by holding that Title VII's ban on sex discrimination includes a prohibition on discrimination because of someone's sexual orientation.

Looking Ahead:  The members of Congress were not the only ones who have recently filed an amicus curiae brief on the matter.  Many others, including the EEOC and civil rights and gay rights advocates groups have also file amicus curiae briefs in support of Christiansen's argument that sexual orientation should be a protected class under Title VII.  At this point, Omnicom has yet to file its responsive brief.  Once that occurs, I would anticipate the Second Circuit will hold oral arguments on the matter later on this year.


For a copy of the amicus curiae brief:  https://assets.documentcloud.org/documents/2926028/Christiansen-Amicus-Congress.pdf

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