. The employer hosts an office holiday party and invites employees to bring their spouses. A model employee arrives and introduces a manager to Susan, the employee’s wife. If the policy works as the employer intends, the answer depends entirely on whether the model employee is a man or an LGBT Sassy Since Birth Salty By Choice Shirt woman. To be sure, that employer’s ultimate goal might be to discriminate on the basis of sexual orientation. But to achieve that purpose the employer must, along the way, intentionally treat an employee worse based in part on that individual’s sex. There was a story a while ago about a boarding school in England with a strict dress code of pants or skirts. I can’t find the exact article now, but there’s a bunch of similar stories and different ways schools have ruled.
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A huge part of his argument is that the Court has long held that, with Title VII, the law’s scope extended beyond the ‘principal evil'(sexism in the conventional sense) that the lawmakers intended to address. To rule otherwise would risk undoing tons of precedent and severely limiting the scope of LGBT Sassy Since Birth Salty By Choice Shirt Title VII. Realistically he seems like the ideal kind of justice if our country was running as it should. We don’t live in an ideal world and sometimes a liberal court decision can be nice to help fix a problem (hello Roe v. Wade), but I’m not gonna complain unless it feels like justice is taking liberties with the law in a way that hurts people.
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The employer hosts an office holiday party and invites employees to bring their spouses. A model employee arrives and introduces a manager to Susan, the employee’s wife. To be sure, that employer’s ultimate goal might be to discriminate on the basis of sexual orientation. If we qualify for Title VII protection it’s pretty solidly established that we are an LGBT Sassy Since Birth Salty By Choice Shirt protected class, which is going to make it very hard to pull the kinds of shenanigans they’ve been up to until now. You can’t make the argument now that we don’t qualify for civil rights protections, and if we qualify for one part of the activities you can’t turn around and say we don’t qualify for the rest of it.
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