Christopher Stoll , National Center for Lesbian Rights, San Francisco, CA, Omar Francisco Gonzalez-Pagan , New York, NY, Gregory R. Nevins , Atlanta, GA, Lambda Legal Defense & Education Fund, Incorporated for Amici Curiae National Center for Lesbian Rights, American Civil Liberties Union Foundation, Incorporated, ACLU of Texas Foundation, GLBTQ Legal Advocates & Defenders, Lamda Legal Defense and Education Fund, Incorporated, Freedom for All Americans.
Adam K. Mortara , Bartlit, Beck, Herman, Palenchar & Scott, L.L.P., Chicago, IL, for Amicus Curiae Adam K. Mortara.
Before HIGGINBOTHAM, ELROD, and HO, Circuit Judges.
JAMES C. HO, Circuit Judge:
Over the past two years, three circuits have construed Title VII of the Civil Rights Act of 1964 to prohibit employers from discriminating on the basis of either sexual orientation or transgender status. See Zarda v. Altitude Express, Inc.,883 F.3d 100...
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