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re: SCOTUS to decide whether current federal sex discrimination laws apply to gays and trans
Posted on 4/22/19 at 12:37 pm to HailHailtoMichigan!
Posted on 4/22/19 at 12:37 pm to HailHailtoMichigan!
quote:
The 2nd U.S. Circuit Court of Appeals sided with Zarda in its ruling and said, “Sexual orientation discrimination is motivated, at least in part, by sex and is thus a subset of sex discrimination for purposes of Title VII.”
Sexual orientation has nothing to do with biological sex.
quote:
Bostock, however, argued that upon learning of his sexual orientation and participation in the gay recreational softball league, the county falsely claimed he mismanaged public money “as a pretext for terminating his employment because of his sexual orientation.”
If the County could sufficiently prove he was fired with cause for mismanaging public funds I'm not sure why it would matter, but the 11th Circuit agreed with the County that sexual orientation is not protected.
quote:
Stephens filed a discrimination charge with the Equal Employment Opportunity Commission in September 2013 and said she had been fired because of sex and gender identity in violation of Title VII.
A federal district court sided with R.G. & G.R. Harris Funeral Homes. But the 6th U.S. Circuit Court of Appeals ruled the business violated the law when it fired Stephens and found that “discrimination on the basis of transgender … status violates Title VII.”
I think this would apply, since "transgender" really refers to the outward expression of sexual identity.
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