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Litigation Tracker: Third Circuit

Covers Delaware, New Jersey, Pennsylvania & the Virgin Islands

Outdated case law in the circuit has found that discrimination based on sexual orientation does not violate Title VII of the Civil Rights Act

  • In Bibby v. Philadelphia Bottling Company (August 1, 2001), the appellate court wrote, “Title VII does not prohibit discrimination on the basis of sexual orientation.” 
  • The appellate court affirmed this outdated precedent in Prowel v. Wise Business Forms Inc. (August 28, 2009)

Federal courts within the 3rd Circuit have ruled favorably when it comes to claims of workplace discrimination based on sexual orientation and gender identity. A November 4, 2016 ruling in EEOC v. Scott Medical Center found that an employer violated Title VII by discriminating against an employee based on their sexual orientation. And a February 17, 2006 order in Mitchell v. Axcan Scandipharm, Inc. found that an employer violated Title VII by discriminating against an employee based on their gender identity.  



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Third Circuit

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