Mr. Zarda said he had made the remark to soothe the woman, who seemed uncomfortable with being so tightly strapped to him during the dive. Mr. Zarda filed a lawsuit, eventually claiming that his firing violated Title VII. In 2015, Mr. Zarda died in a sky-diving accident. The appeals court rarely issues decisions through what is known as the en-banc court, in which all eligible judges participate. employment discrimination,” Mr. Moore said in a statement.

Source: New York Times February 26, 2018 15:57 UTC