2nd Circuit Holds That It Was Not “Clearly Established” That Sexual Orientation Discrimination in Public Employment is Actionable Under the Equal Protection Clause Prior to Obergefell and Windsor

September 8, 2019

In the course of deciding an appeal by some supervisory public employees of a district court’s refusal to accord them qualified immunity from a discharged employee’s claim of discrimination because of perceived sexual orientation (that took place in 2010), a panel of the U.S. Court of Appeals stated in Naumovski v. Norris, 2019 U.S. App. LEXIS 23891, 2019 WL 3770193 (Aug. 12, 2019), that it was not then “clearly established” by the Supreme Court … <Read More>

Federal Judge Says Straight but Not Gay Students Are Protected from Homophobic Harassment Under Title IX

March 15, 2016

Ruling on pretrial motions in a case brought by the estate of a student who committed suicide after allegedly suffering severe harassment from fellow students at a public school, Chief U.S. District Judge Glenn T. Suddaby (N.D.N.Y.) allowed the plaintiff to amend the complaint to add a Title IX cause of action for sex discrimination by an educational institution, based on the homophobic nature of slurs aimed at the decedent in Estate of D.B. v. … <Read More>