Altitude Express Inc. v. Zarda

Precedent

In the year 2010, Altitude express fired one of their employees after he was accused of inappropriate behavior towards a client. The instructor was known as Donald Zarda. He was gay and was accused of inappropriately touching a client as an instructor. As a gay man, he resolved to talk to all his customers about his sexual orientation so that he could make them comfortable. On this one time, he got strapped with a woman and proceeded to tell her that he was gay also to make her comfortable. It appeared that the lady did not like the way Donald Zarda handled him. Later on, the boyfriend of the woman complained to attitude Express about her girlfriends concerned that she had been uncomfortable during the skydiving experience. She claimed that Donald Zarda had touched her inappropriately and used the gay statement so that he could cover up for his actions. The situation led to Donald Zarda being relieved of his Duty from altitude express. As a consequence of his firing, and went to court in October the same year, stating that his firing was based on his sexual orientation, and he was suing attitude Express. Attitude Express claimed they were not discriminating against Donald Zardaas a result of his difference in sexual orientation, but he had inappropriately behaved with a client in the job. The lawyer said the customer was homophobic, and the firing process was not about Donald Zarda’s sexual orientation or preference. In response, Altitude Express stated that the main reason for his firing was that he had inappropriately touched a client but used his gay statements to cover up for the misappropriate actions. Donald Zarda’s family claimed that he cannot do such a thing and that he had been fired as a result of his preference for a different sexual orientation, which was against the norms for the majority of the customers. He also said that the main idea behind the firing, which was due to the male stereotype. The claim was brought to the federal court that alleged better attitude Express had violated his right because of his sexual preference and orientation. Nonetheless, the United States Court of Appeal ruled for altitude Express. The interpretation of Title VII was the main issue where it was not directly stated where sexual orientation came into place. Donald Zarda also cited Title VII to back up his claims for sexual orientation and his right in the workplace. However, the court ruled for altitude Express, which led to Donald filing an appeal several times. After he had died in the year 2014, his family members continue with the case.

The Actual Brief

Case name and citation Altitude Express, Inc.Vs. Zarda (Altitude Express, Inc. v. Zarda, 139 S. Ct. 1599, 203 L. Ed. 2d 754 (U.S., 2019).

Facts

The facts of this case include Donald Zarda, who sued Altitude Express. The reason for suing attitude Express is that where he allegedly terminated his employment contract forthe ongoing sexuality. The suit was under Title VII of the Civil Rights Act. The federal District Court gave a summary of the judgment in who favor of attitude Express (Altitude Express, Inc. v. Zarda, 2019). When Donald Zarda appealed, the second circuit vacated the judgment that was made by the district court’s judgment and all the other claims that were made. The issue is that whether the prohibition applies in Title VII of the civil rights act of the Year 1964 is against the possibility of discriminating individuals; sex encompasses discrimination for individuals that is based on their sexual orientation. This was the key issue and whether the “sex” that is covered in Title VII was covering people’s sexual orientation. The outcome of the case is that the appeal still pending adjudication within the United States Supreme Court.it is also complex because Donald Zarda dies in the year 2014, and only his family members are proceeding with the rulings.

In this case, Donald Zarda, who was working as a skydiving instructor in altitude Express was fired after he was accused of inappropriately touching one of the clients (Altitude Express, Inc. v. Zarda, 2019). As a gay man, Donald Zadar expressed his concern to the female person that he was gay and was not interested in her. This was the main reason why he was fired from attitude Express as the instructor. He decided to bring the case against altitude Express in a Supreme Court as he felt the company terminated his contract based on his sexual preference and did not touch the female client appropriately. He stated that it was his protection role under Title VII of the Civil Rights Act of the year 1964. Zarda also filed charges for discrimination with the help of the Equal Employment Opportunity Commission that supported his claim for being fired as a result of sexual orientation. He added that Attitude Express company had, for a long time, looked down upon him as he did not conform to all the male gender forms of the stereotype that existed with a company. The claim was brought to the federal court that alleged better attitude Express had violated his right because of his sexual preference and orientation. Nonetheless, the United States Court of Appeal ruled for altitude Express. The interpretation of Title VII was the main issue where it was not directly stated where sexual orientation came into place.

Procedural History-

Zarda started by filing a discrimination charge that was based on Equal Employment Opportunity. With their help, Donald went to the federal court where he alleged that his termination of the contract was based on sexual orientation and therefore argued that determination had violated title VII civil rights act of the Year 1964. The case then went to the United States District Court of Eastern District of New York, where assembly of the judgment was given in favor of altitude Express. District Court stated that Title VII does not protect people against sexually-based discrimination. The case was then taken to the second circuit for the visit and interpretation of title VII so that title VII should prohibit the overall discriminations that are based on sex, which includes orientational discrimination because of the sexual preference. They vacated the judgment and affirmed that the district court’s judgment and all of the claims were right. The attitude Express letter of petition to the United States Supreme Court to review a petition.

Issue- does the prohibition in Title VII of the Civil Rights Act of the years 1964, state against different opinions “because of the fact that sex” encompasses the overall discrimination that is focused on people’s sexual orientation?

Rule/ Holding

The rule on this case is still undecided because the case is still with the Supreme Court. This case is pending adjudication because the United States Supreme Court intervened to tell about the interpretation of the word insects that are included in Title VII of the civil rights act for the year 1964. Whether the word sex included in the civil rights act involves sexual orientation remains to be seen.

Reasoning

The reason why this case is pending adjudication before they record the State Supreme Court is making it difficult to determine the provision for sexual orientation in Title VII of the civil rights act. Also, issues of employment and sexual orientation misinterpreted in the past and coming up with the right answer. The most complex cases are difficult. The other reason why it is complex is that the person was involved in the case died in the year 2014 and is only the family members are continuing with the case. Donald Zarda was working as a skydiving instructor in altitude Express, and they have maintained their position. He was fired after he was accused of inappropriately touching one of the clients. The family has also maintained that there was no way Donald would get interested in the female client. In the family, he was gay despite the client claiming that Donald interested in her.

How this decision will affect society-

This case can affect society in many ways. The definition of “sex” will continue to raise concerns in society, especially if a gay person is involved. Arguing whether termination of an individual employee can be based on their sexual orientation is difficult. In society today, issues of gender equality and LGBT rights are some of the most sensitive ideas. Hence, dealing with such cases requires several considerations by the court and the members of the community. In relation to Title VII of the civil rights act, sexual orientation is not directly covered. It is, therefore, difficult for Society members to make conclusions that are based on sexual orientation and their rights. Many organizations are finding it difficult to maintain and preserve these rules because of fear of victimization. He was serving in Altitude Express as the instructor, and he felt discriminated for a long time. He decided to file a case against altitude Express in a Supreme Court. The company made him lose employment because of the complaints, and he did not touch the client. He stated that it was his right to be protected under Title VII of the Civil Rights Act of the year 1964. In society, such issues are common. Many gay rights are also difficult to interpret, and this case adds to these complications. This shows how society has to adjust most of the terms such as “sex” to involve interpretation.

Your opinion- 

In my opinion, the Supreme Court did not get this issue right because they have the ability to give an accurate representation and interpretation of the constitution. Title VII of the civil rights act of Year 1964 may not cover the requirements of sexual orientation. However, they give an accurate representation of the word sex that is included in Title VII. Also, it is understandable for the Supreme Court to find this case impossible to arrive at a judgment. This is because of the complications recently been raised by the LGBT communities and other members of the society. Zarda filed charges for discrimination with the help of the Equal Employment Opportunity Commission that supported his claim for being fired as a result of sexual orientation. The Supreme Court should have acted on this basis. He also failed to conform to all the male gender forms of the stereotype that existed with a company. Hence, the Supreme Court has to rule for the victim in this case.

Reference

Altitude Express, Inc. v. Zarda, 139 S. Ct. 1599, 203 L. Ed. 2d 754 (U.S., 2019).

The following word arrangement cannot be changed:

Title VII of the Civil Rights Act.

Donald Zarda

United States Supreme Court

discrimination based on sexual orientation.

Equal Employment Opportunity

United States District Court of Eastern District of New Yor

sexual orientations

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