The Second Circuit’s decision Monday reviving a gay ad executive’s discrimination suit against Omnicom Inc. added fuel to the ongoing debate about if and how Title VII applies to sexual orientation bias and put a new arrow in the plaintiffs bar’s quiver, but experts say the ruling also highlights the need for definitive guidance from the U.S. Supreme Court or Congress.
The appeals court revived Omnicom Group Inc. unit worker Matthew Christiansen’s allegations that he was harassed for failing to fit “male stereotypes,” but not his claims that he was mistreated for being gay, saying despite the blurry line between the claims, precedent requires a finding that Title VII of the Civil Rights Act of 1964 covers gender stereotyping, but not sexuality.