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Aug 16 - Trump Administration Asks Supreme Court To Legalize Firing Transgender Workers


 


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 1 month ago '06        #1
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Aug 16 - Trump Administration Asks Supreme Court To Legalize Firing Transgender Workers
 

 
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The Trump administration is asking the Supreme Court to set a legal precedent that would make it OK for an employer to fire a person for being transgender.

In a brief filed Friday, the Justice Department argued that Title VII of the Civil Rights Act of 1964 only protects workers from discrimination based on their “biological s*x.”

“Title VII does not prohibit discrimination against transgender persons based on their transgender status,” the Justice Department wrote. “It simply does not speak to discrimination because of an individual’s gender identity or a disconnect between an individual’s gender identity and the individual’s s*x.”

The Supreme Court agreed earlier this year to hear three cases that look at whether Title VII, the federal civil rights law that prohibits workplace discrimination, applies to LGBTQ workers.

Friday’s brief pertains to one of the lawsuits, R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission, in which a transgender woman was fired after she transitioned.

Aimee Stephens had reportedly presented as a man when she began working at R.G. & G.R. Harris Funeral Homes in Michigan in 2007. The company’s owner, Thomas Rost, fired her six years later, when she announced her plans to transition.

The U.S. Court of Appeals for the 6th Circuit ruled that Stephens’ firing was discriminatory.

“The unrefuted facts show that the Funeral Home fired Stephens because she refused to abide by her employer’s stereotypical conception of her s*x,” the court wrote in a 49-page decision.

“Discrimination against employees, either because of their failure to conform to s*x stereotypes or their transgender and transitioning status, is illegal under Title VII,” the court said. “It is analytically impossible to fire an employee based on that employee’s status as a transgender person without being motivated, at least in part, by the employee’s s*x.”

But the Justice Department argued on Friday that “the ordinary public meaning of ‘s*x’ was biological s*x” when the Civil Rights Act passed in 1964.

“It did not encompass transgender status, which Stephens and the Sixth Circuit describe as a disconnect between an individual’s biological s*x and gender identity,” DOJ lawyers wrote. “In the particular context of Title VII — legislation originally designed to eliminate employment discrimination against racial and other minorities — it was especially clear that the prohibition on discrimination because of ‘s*x’ referred to unequal treatment of men and women in the workplace.”

Chase Strangio, a staff attorney at the American Civil Liberties Union, which is representing Stephens in her suit, argued that the case has implications beyond the trans community.

“People don’t realize that the stakes are extending not just the trans and LGB communities, but every person who departs from s*x stereotypes: Women who want to wear pants in the workplace, men who want more childbearing responsibilities. Those protections are also in peril with the arguments advanced by the Trump administration, presented at the Supreme Court,” Strangio told HuffPost.

He added: “There isn’t a coherent way to carve out LGBT people without changing the standard that exists under the law.”

The Supreme Court is also looking at two cases of employees fired over their s*xual orientation: In Altitude Express Inc. v. Zarda, Long Island skydiving instructor Don Zarda was fired after he told a client he was gay. Last year, the U.S. Court of Appeals for the 2nd Circuit ruled that Zarda’s firing was discriminatory. But the 11th Circuit, in a similar case, Bostock v. Clayton County, Georgia, ruled that precedent suggested Title VII did not protect against discrimination based on s*xual orientation.

The Department of Justice is expected to file briefs on both cases next week.



visit this link https://www.huffpost.com/ .. b056fafd0be1aa
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71 comments
 

 1 month ago '16        #2
mlbnba2016  242 heat pts242
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-1   

 1 month ago '18        #3
Eyesofchaos  24 heat pts24
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+16   

 1 month ago '16        #4
Frankie Needles  96 heat pts96
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I'm okay with this....
+5   

 1 month ago '12        #5
FrescoB  85 heat pts85
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 1 month ago '05        #6
Fauby  29 heat pts29
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Doesn't matter who it is, trans, straight, gay, white, black, Asian, you shouldn't even ask this stupid fu*king question.

If this goes through, it just sets it up perfectly for discrimination on every race/kind of people. Pay attention.


Smh. How anyone is okay with this, I have no clue....
+72   

 1 month ago '04        #7
dc3003  156 heat pts156
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 FrescoB said
Stay out this section home boy. I can promise you you dont want that smoke, and u can bet that sh*t up home boy
-15   

 1 month ago '04        #8
dc3003  156 heat pts156
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-22   

 1 month ago '12        #9
FrescoB  85 heat pts85
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 dc3003 said
Stay out this section home boy. I can promise you you dont want that smoke, and u can bet that sh*t up home boy
Your lesbian crush on me is flattering
+13   

 1 month ago '04        #10
ruff  8 heat pts8
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 dc3003 said
Gotta k*ll em with logic
-1   

 1 month ago '05        #11
blah blah blah  131 heat pts131
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Who cares about trannies. Gotta draw the line somewhere
+5   

 1 month ago '04        #12
dc3003  156 heat pts156
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 FrescoB said
Your lesbian crush on me is flattering
I promise u I ain't on no lesbian sh*t plus since I became a liberal I no longer identify as any specific gender. I can do alot more than just flatter you and U can bet that sh*t up home boy.
-14   

 1 month ago '07        #13
timdog  topics gone triple plat - Number 1 spot x1
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Smh
+1   

 1 month ago '12        #14
FrescoB  85 heat pts85
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 dc3003 said
I promise u I ain't on no lesbian sh*t plus since I became a liberal I no longer identify as any specific gender. I can do alot more than just flatter you and U can bet that sh*t up home boy.
Thread lightly. My booty goons aren't forgiving
+7   

 1 month ago '08        #15
cohs  12 heat pts12
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Bx conservative all own their own businesses or they’d be in danger. Good portion are bi*ches pretending to be men.
+1   

 1 month ago '16        #16
ChiHoodrichback  8 heat pts8
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Wait that dc f*g**t is really a bi*ch???
+10   

 1 month ago '18        #17
Deeznutz1981  topics gone triple plat - Number 1 spot x1
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@

Top 10 most propped recently  1 month ago '19        #18
ArabianPrince  topics gone triple plat - Number 1 spot x1
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 dc3003 said
This was actually a great post.

 1 month ago '17        #19
1Oh  9 heat pts9
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 Fauby said
Doesn't matter who it is, trans, straight, gay, white, black, Asian, you shouldn't even ask this stupid fu*king question.

If this goes through, it just sets it up perfectly for discrimination on every race/kind of people. Pay attention.


Smh. How anyone is okay with this, I have no clue....



Sometimes you gotta put differences aside and stop the bullsh*t in its tracks before things truly get outta hand.
+25   

 1 month ago '04        #20
dc3003  156 heat pts156
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 ArabianPrince said
This was actually a great post.
Antifa losers . Lock they a*s up for terror. Imagine if they swiped off a hat of some one because they was black or they was spanish ? What they are doing is no different. Dint forget Maxine waters encouraged this

Top 10 most propped recently  1 month ago '19        #21
ArabianPrince  topics gone triple plat - Number 1 spot x1
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 dc3003 said
Antifa losers . Lock they a*s up for terror. Imagine if they swiped off a hat of some one because they was black or they was spanish ? What they are doing is no different. Dint forget Maxine waters encouraged this
It's fu*k trump all day but the actions of the left will cause him to win 2020.
-5   

 1 month ago '04        #22
dc3003  156 heat pts156
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 ArabianPrince said
It's fu*k trump all day but the actions of the left will cause him to win 2020.
Ok can you respectfully tell me what has trump done for u to not like him ? And how has he hurt you ? Please
-4   

 1 month ago '08        #23
stlcardinals19  35 heat pts35
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This is par for course for Republicans to try and erode the Civil Rights Act, but I mean:




Granted, we all knew he was full of sh*t when he said he'd be a Pro-LGBT President, but he could've at least not gone off the deep end w/his policies regarding that community
+11   

 1 month ago '05        #24
old head  topics gone triple plat - Number 1 spot x2
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 dc3003 said
Ok can you respectfully tell me what has trump done for u to not like him ? And how has he hurt you ? Please





+9   

 1 month ago '09        #25
Axl Rose  21 heat pts21
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Glad hes focusing on important issues /sarcasm
+3   



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