ZARDA v. ALTITUDE EXP.

Docket No. 15-3775 August Term, 2016.

855 F.3d 76 (2017)

Melissa ZARDA, co-independent executor of the estate of Donald Zarda, and William Allen Moore, Jr., co-independent executor of the estate of Donald Zarda, Plaintiffs-Appellants, v. ALTITUDE EXPRESS, doing business as Skydive Long Island, and Ray Maynard, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: April 18, 2017.


Attorney(s) appearing for the Case

GREGORY ANTOLLINO , New York, NY, for Appellants.

Stephen Bergstein , Bergstein & Ullrich, LLP, Chester, NY, for Appellants.

SAUL D. ZABELL , Zabell & Associates, P.C., Bohemia, NY, for Appellees.

Lenora M. Lapidus , Gillian L. Thomas , Ria Tabacco Mar , and Leslie Cooper , American Civil Liberties Union Foundation, New York, NY; Erin Beth Harrist , Robert Hodgson , and Christopher Dunn , New York Civil Liberties Union Foundation, New York, NY, for Amici Curiae American Civil Liberties Union; New York Civil Liberties Union; 9to5; National Association of Working Women; A Better Balance; Coalition of Labor Union Women; Equal Rights Advocates; Gender Justice; Legal Voice; National Women's Law Center; Southwest Women's Law Center; Women Employed; Women's Law Center of Maryland; Women's Law Project, in support of Plaintiffs-Appellants.

Michael D.B. Kavey , LGBTQ Rights Clinic, New York, NY; Omar Gonzalez-Pagan , Lambda Legal Defense and Education Fund, Inc., New York, NY; Gregory R. Nevins , Lambda Legal Defense and Education Fund, Inc., Atlanta, GA, for Amicus Curiae Lambda Legal, in support of Plaintiffs-Appellants.

Before: JACOBS, SACK, and LYNCH, Circuit Judges.


Plaintiff Donald Zarda, a skydiver, alleges that he was fired from his job as a skydiving instructor because of his sexual orientation.1 He sued his former employer, Altitude Express (doing business as Skydive Long Island) and its owner Raymond Maynard (collectively "Altitude Express"), asserting that he was discriminated...

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