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U.S. NEWS Tuesday 27 February 2018

Court: US anti-discrimination law covers sexual orientation

By LARRY NEUMEISTER his sexuality, that led to his three years ago in a wing-
NEW YORK (AP) — Ruling firing. suit accident in Switzerland.
in the case of a gay sky- The ruling applies only His sister, Melissa Zarda, said
diving instructor, a federal in the 2nd Circuit, which by telephone from Kan-
appeals court in New York consists of New York, Con- sas City, Missouri, that her
on Monday became the necticut and Vermont. But brother “would have been
second one in the country it could wind up before just over the moon, beyond
to declare that U.S. anti- the Supreme Court, which excited,” with the ruling.
discrimination law protects declined in December to Gay rights organizations
employees from being fired hear the case of a Geor- welcomed the decision.
over their sexual orienta- gia woman who had also “Today’s ruling is the latest
tion. The decision could set argued she was fired for victory affirming that em-
the stage for an appeal to being gay.Title VII bars em- ployees should be evalu-
the U.S. Supreme Court to ployment discrimination on ated only on their work
settle the question once the basis of "race, color, reli- ethic and job performance
and for all. In a 10-3 ruling, gion, sex or national origin." — not on who they are or
the 2nd U.S. Circuit Court The 7th U.S. Circuit Court who they love,” Masen Da-
of Appeals said that while of Appeals in Chicago last vis, chief executive of Free-
it and other courts around year also concluded "dis- dom for All Americans, said
the U.S. previously found crimination on the basis of in a statement. During oral
that Title VII of the 1964 Civil sexual orientation is a form This 2006 photo provided by Melissa Zarda at her home in Kan- arguments in the cast last
Rights Act didn't cover sex- of sex discrimination." sas City, Mo., shows her Donald Zarda, a gay skydiving instruc- fall, one judge suggested
ual orientation, "legal doc- Saul Zabell, the lawyer for tor who is the subject of a sex discrimination ruling. Zarda died the Justice Department
trine evolves." the skydiving company, three years ago in a wingsuit accident in Switzerland, but on changed its position after
"We now conclude that said his clients were "ex- Monday, Feb. 26, 2018, a federal appeals court in New York be- President Donald Trump
sexual orientation discrimi- tremely proud" of the court came the second one in the country to declare that U.S. anti- was elected. The depart-
discrimination law protects employees from being fired over
nation is motivated, at least for saying that sexual orien- their sexual orientation. ment filed its legal argu-
in part, by sex and is thus a tation is covered by federal (Melissa Zarda via AP) ments the same day Trump
subset of sex discrimina- antidiscrimination law and announced on Twitter that
tion," Chief Judge Robert for "curing this glaring leg- his clients were disappoint- ing matter." He would not transgender people could
A. Katzmann said, writing islative gap in fundamental ed the court had "ignored say whether the company no longer serve in the
for the majority. human rights." But he said the facts of the underly- would appeal. Zarda died military.q
The decision involved Don-
ald Zarda, who was fired in
Central Islip, New York, that W. Virginia teachers to continue strike Tuesday
2010 from a skydiving job in

required him to strap him-
self tightly to clients so they By JOHN RABY complaints are heard. The Until that happens, the at town-hall style meet-
could jump in tandem from Associated Press state's average teacher strike by teachers in all 55 ings Monday in the cities
an airplane. To put one CHARLESTON, W.Va. (AP) pay ranks 48th in the nation counties will continue Tues- of Wheeling, Martinsburg
female student at ease — Thousands of striking and teachers are balking day, said Christine Camp- and Morgantown. She said
about the physical con- schoolteachers who have at planned increases they bell, president of the AFT's union officials have spoken
tact, he said, he told her shut down West Virginia say are too stingy. West Virginia chapter. at times with the governor's
not to worry — he was gay. classrooms for days are de- The teachers, represented "You've got to come to the staff.
The school fired Zarda af- manding a face-to-face by the American Federa- table. We can't have five Justice talked with teachers
ter the woman's boyfriend meeting with the gover- tion of Teachers, the West different conversations," and others at three stops
called to complain. nor and legislative leaders Virginia Education Associa- Campbell said. Until every- Monday in a northern area
The woman alleged Zarda on their pay grievances, a tion and the West Virginia one get together at once, of West Virginia, where he
inappropriately touched union official said Monday. School Service Personnel she said, "we're not going promised to launch a task
her and disclosed his sex- Teachers rallied Monday Association, want Gov. back" to the classroom. force to address education
ual orientation to excuse outside the state Capitol Jim Justice and leaders She said there have been issues within a week to 10
his behavior. The skydiving amid pledges to contin- from the state Senate and separate talks with vari- days.
company maintained that ue the walkout that be- House to meet with them ous leaders but not with He urged them to return to
it was Zarda's behavior, not gan Thursday, unless their on their complaints. the governor, who spoke work Tuesday.q