U.S. Supreme Court Issues Landmark Ruling on LGBTQ Protections

June.16.2020

The U.S. Supreme Court’s landmark decision this week strengthening workplace protections for LGBTQ employees sided with the arguments an Orrick team raised in an amicus brief on behalf of 59 civil rights organizations that emphasized the racial justice implications of the case.

Partner Danny Rubens led the amicus effort for the civil rights coalition, which was headed by the Lawyers’ Committee for Civil Rights Under the Law and the Leadership Conference on Civil and Human Rights. The Supreme Court’s ruling in Bostock v. Clayton County found that employment discrimination based on sexual orientation or transgender status is impermissible under Title VII of the Civil Rights Act of 1964.

Importantly, in arguing that LGBTQ discrimination is unlawful under the Act, our team approached the issue before the court from a racial justice perspective, noting that LGBTQ people of color are particularly vulnerable to workplace discrimination. “The LGBTQ community, particularly LGBTQ people of color, are often subjected to workplace discrimination and harassment, resulting in lower job security and economic stability,” the Lawyers’ Committee said in a statement. “The Supreme Court reinforced that such discrimination has no place in our workplaces and in our society.”

Litigation Daily cited us among “a stellar crop of amicus briefs” filed in the case.

In addition to Danny, associate Ethan Fallon and former associate Samuel Harbourt contributed to the amicus effort.

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Daniel A. Rubens Partner, Supreme Court & Appellate

New York

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Daniel A. Rubens Partner

New York

Danny's practice focuses on appellate litigation. He has led the drafting on dozens of appellate briefs, and regularly argues appeals in state and federal courts. Danny has extensive trial litigation experience as well, with an emphasis on dispositive motions, preserving appellate issues, and developing creative legal strategies.

Danny’s work has covered a wide range of subject areas, including securities, bankruptcy, intellectual property, arbitration, class actions, and criminal law. He has a deep understanding of appeals and critical motions in financial services litigation, and in recent years has played a key role in representing financial institutions in major RMBS cases brought by trustees, investors, and monoline insurers. His financial services clients include Credit Suisse, Goldman Sachs, Mr. Cooper, and Ocwen. He also represents leading technology companies in precedent-setting cases involving antitrust law and ballot initiatives, as well as other complex commercial litigation. In addition, Danny is an experienced bankruptcy litigator, having represented various debtors and creditors in fraudulent transfer cases and other contested insolvency-related matters involving U.S. and foreign law.

Danny is a member of the Second Circuit's pro bono panel and maintains an active pro bono practice focusing on criminal, immigration, racial justice, and LGBTQ+ rights matters in the Supreme Court and other appellate courts. He was recently recognized by the National LGBTQ+ Bar Association as a “Best LGBTQ+ Lawyer Under 40,” by the New York Law Journal as a Rising Star, and by LawDragon in its inaugural 500 X – The Next Generation listing. As part of his commitment to diversity, equity, and inclusion, Danny serves as a mentor for The Appellate Project, an organization focused on empowering law students of color to thrive in the appellate field. He has also served as an Orrick ambassador for the Move The Needle Fund, a collaborative effort designed by Diversity Lab to create a more diverse and inclusive legal profession.

Before joining Orrick, Danny served as a law clerk to U.S. Supreme Court Justice Ruth Bader Ginsburg, Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit, and Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York. Following his clerkships, he was selected to represent the American Inns of Court as a Temple Bar Scholar in London.