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Zarda v. Altitude Express

Citations: 855 F.3d 76; 2017 U.S. App. LEXIS 6578; 130 Fair Empl. Prac. Cas. (BNA) 45; 101 Empl. Prac. Dec. (CCH) 45,782; 2017 WL 1378932Docket: 15-3775

Court: Court of Appeals for the Second Circuit; April 18, 2017; Federal Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this case, a former skydiving instructor sued his employer, alleging wrongful termination based on sexual orientation discrimination under Title VII of the Civil Rights Act of 1964 and New York state law. The district court allowed only the state-law claim to proceed, dismissing the Title VII claim in line with Second Circuit precedent that does not recognize sexual orientation as protected under Title VII. Following Zarda's death, his estate continued the lawsuit, but the jury found in favor of the employer on the state-law claims. Zarda's appeal called for a reconsideration of Title VII to include sexual orientation discrimination, which the appellate court declined, citing the inability to overturn existing precedent. Additionally, Zarda challenged several trial conduct aspects, including evidentiary rulings and defense counsel's remarks, but the court found no reversible errors. Ultimately, the appellate court affirmed the district court's judgment, maintaining the dismissal of the Title VII claim and upholding the jury's verdict favoring the employer on the state-law issues.

Legal Issues Addressed

Evidentiary Rulings in Discrimination Cases

Application: The court found that evidence related to Zarda's past termination and a previous Worker’s Compensation claim was relevant, and any potential prejudice was minimal.

Reasoning: Regarding evidentiary rulings, Zarda argued that the district court improperly admitted prejudicial evidence, specifically past termination details and deposition testimony about a previous Worker’s Compensation claim.

Jury Prejudice and Conduct

Application: The court found no improper conduct in the defense counsel's remarks and determined they did not appeal to jury prejudice against homosexuals.

Reasoning: Zarda further contended that defense counsel's remarks appealed to jury prejudice against homosexuals. The court evaluated the context of these remarks and concluded they were not improper.

Precedent and Appellate Review

Application: The appeals court could not overturn Second Circuit precedent regarding Title VII, and Zarda's appeal for reconsideration was therefore denied.

Reasoning: However, the three-judge panel cannot overturn Circuit precedent and thus declines his request.

State-Law Discrimination Claims

Application: Zarda's state-law claim proceeded to trial, where the jury ultimately ruled in favor of the defendants.

Reasoning: The jury ultimately ruled in favor of the defendants on the state law claims.

Title VII and Sexual Orientation Discrimination

Application: The court adhered to Second Circuit precedent, which does not recognize sexual orientation as a protected category under Title VII, thereby dismissing Zarda's Title VII claim.

Reasoning: The district court recognized a material fact dispute over the reasons for Zarda's termination but allowed only his state-law claim to proceed, dismissing his Title VII claim due to established precedent stating that Title VII does not cover sexual orientation discrimination.