After a three-judge panel of the Second Circuit ruled back in April that Title VII of the Civil Rights Act of 1964 does not protect LGBTQ workers, the full appeals court agreed to revisit the decision en banc. Arguments are scheduled for Sept. 26 in New York.

Why We Are Paying Attention

The ultimate answer to the question of whether Title VII should be expanded in scope to include workers from discrimination based on their sexual orientation will have widespread effects on companies across the country. So far, rulings on the issue have varied, and eventually the Supreme Court will almost certainly provide its own view. Lower court arguments will be crucial in setting the stage for a possible circuit split and an eventual high court showdown.

Government Bodies at Odds

This case is rather unique because the DOJ and the EEOC are on opposite sides of the fence. Both will argue before the full court Tuesday. The hearing will break down into 10-minute segments, a departure from the half hour traditionally allotted for each side. Former Jones Day attorney Hashim Mooppan will argue for the Justice Department.

The DOJ got involved in this case this summer, filing an amicus brief that argues that Congress, not the courts, has the power to expand the scope of Title VII. The department argues sexual orientation is clearly not protected under the Civil Rights Act as the law stands.