Cass R. Sunstein, Columnist

How Civil-Rights Law Can Apply to Sexual Orientation, Too

Justice Antonin Scalia helped pave the way for a broader interpretation of the 1964 law.

What qualifies as discrimination?

Photographer: David Greedy/Getty Images
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Everyone agrees that under Title VII of the Civil Rights Act of 1964, employers are forbidden from discriminating on the basis of sex. Are they also forbidden from discriminating on the basis of sexual orientation?

In a momentous decision earlier this week, with large implications for employers all over the country, a federal court of appeals ruled that they are. Superb opinions were delivered by both Judge Diane Wood, author of the majority opinion, and Judge Diane Sykes, author of the dissent.1491501277213