Protections for lesbian, gay, and bisexual workers under current federal law took a further leap toward Supreme Court review after a federal appeals court in New York ruled that discrimination toward a gay skydiving instructor because of his sexual orientation alone could constitute sex bias.
But when the justices might weigh in on a legal question that has for years divided courts and legislatures—and even recently split the U.S government—is still up in the air, advocates on both sides of the issue told Bloomberg Law.
Sexual orientation bias is a “subset” of sex discrimination and thus illegal under federal workplace ...