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News Posted on July 6, 2017

Professor Soucek Cited in Second Circuit Briefs

An award-winning article by Professor Brian Soucek was cited in two briefs submitted the U.S. Court of Appeals for the Second Circuit in Zarda v. Altitude Express. The case will be heard en banc to decide whether sexual orientation discrimination is prohibited under Title VII's "because of sex" prong.

The Equal Employment Opportunity Commission relied on Soucek’s article, “Perceived Homosexuals: Looking Gay Enough for Title VII,” which won the Dukeminier Award in 2014, for its argument that the Second Circuit's current "distinction between permissible sexual orientation discrimination and impermissible gender stereotyping is unworkable and leads to absurd results." The plaintiff in the case also cites and quotes Soucek’s article, which was published in the American University Law Review in 2014.

Professor Soucek holds a JD from Yale Law School and a PhD from Columbia University. He has clerked for U.S. District Court Judge Mark. R. Kravitz in Connecticut, and Judge Guido Calabresi of the U.S. Court of Appeals for the Second Circuit. His primary teaching and research interests are antidiscrimination law, civil procedure, constitutional law, and refugee/asylum law.