On February 26, 2018, the U.S. Court of Appeals for the Second Circuit in New York issued its en banc decision in Zarda v. Altitude Express, 883 F.3d 100 (2nd Cir. 2018), holding that Title VII of the federal Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of sexual orientation. Altitude Express terminated Donald Zarda, a Long Island sky-diving instructor, in 2010. As Mr. Zarda prepared for a tandem sky-dive with a female student, he told her that he was "100 percent gay," and the student's boyfriend later complained to Altitude Express, which then terminated Mr. Zarda's employment. Mr. Zarda commenced a lawsuit in the federal U.S. District Court for the Eastern District of New York, asserting that his firing violated Title VII.