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Federal civil rights law protects gay workers, U.S. appeals court rules
NBCNews.com ^ | 02/26/2018 | Reuters

Posted on 02/26/2018 8:26:50 AM PST by GIdget2004

A U.S. appeals court in Manhattan on Monday ruled that a federal law banning sex bias in the workplace also prohibits discrimination against gay employees, becoming only the second court to do so.

The 2nd U.S. Circuit Court of Appeals overruled prior decisions and said that a worker’s sex is necessarily a factor in discrimination based on sexual orientation.

The ruling went against a court brief filed by the Trump administration in 2017 that said Title VII of the Civil Rights Act of 1964 was not intended to provide protections to gay workers.

The 2nd Circuit revived a lawsuit by the estate of Donald Zarda, a former skydiving instructor who said he was fired after he told a customer he was gay and she complained. Zarda’s estate was backed in the appeal by dozens of large companies, including Alphabet Inc’s Google, Microsoft Corp, CBS Corp and Viacom Inc.

Zarda died in a BASE-jumping accident after the lawsuit was filed.

Lesbian couple sues Health and Human Services after foster care application rejected Zarda’s former employer, Altitude Express Inc, and companies that have faced similar lawsuits have argued that when Congress adopted Title VII more than 50 years ago, it did not consider whether the law’s ban on sex bias included discrimination based on sexual orientation.

But lesbian, bisexual, gay and transgender groups and the federal Equal Employment Opportunity Commission have increasingly argued that sexual orientation is a function of a person’s gender.

The 2nd Circuit agreed on Monday in its 10-3 decision.

(Excerpt) Read more at nbcnews.com ...


TOPICS: Breaking News; Government; News/Current Events
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1 posted on 02/26/2018 8:26:51 AM PST by GIdget2004
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To: GIdget2004

The 1964 law literally says nothing about gays. These judges are literally just making it up to fit their worldview.


2 posted on 02/26/2018 8:28:33 AM PST by Trump20162020
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To: GIdget2004

Sodomy. The first sexual practice to have civil rights protection.

Probably won’t be the last.


3 posted on 02/26/2018 8:28:38 AM PST by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: Trump20162020

A judge is just a lawyer....with too much power.


4 posted on 02/26/2018 8:31:39 AM PST by BenLurkin (The above is not a statement of fact. It is either satire or opinion. Or both.)
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To: GIdget2004

So do not hire them in the first place.....fire your libturd employees as well while you’re at it.


5 posted on 02/26/2018 8:37:10 AM PST by S.O.S121.500 (Had ENOUGH Yet ? ........................ Enforce the Bill of Rights .........It is the LAW...)
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To: GIdget2004
Legislating from the bench pure and simple. Everybody with two brain cells to rub together knows darn well that the intent of Congress was to not include gays in a freakin’ 1964! In fact such a law can't even pass now, hence the need for a Judge to invent it from the bench.
6 posted on 02/26/2018 8:49:16 AM PST by apillar
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To: GIdget2004
sexual orientation is a function of a person’s gender.

Amazing. Doesn't that completely, totally, 100% REVERSE what liberal activists have been saying about biological sex and gender?

7 posted on 02/26/2018 8:55:14 AM PST by Opinionated Blowhard ("When the people find they can vote themselves money, that will herald the end of the republic.")
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To: GIdget2004

Pretty soon, if a job candidate mentions that he likes dogs, or children, or brutalizing women, you’ll pretty much be obligated to hire the guy on the spot. Otherwise it’s discrimination because, you know, bestiality, pedophilia, and rape are all protected civil rights. Or something.


8 posted on 02/26/2018 8:56:00 AM PST by ClearCase_guy (The revolution will not be televised (at least, not by CNN).)
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To: GIdget2004

Well, if they can hold that the Constitution means things it doesn’t say, why not do the same with a mere federal statute?

Because Social Justice and stuff.


9 posted on 02/26/2018 8:57:37 AM PST by The Pack Knight
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To: Opinionated Blowhard
It is only amazing if you are operating under the delusion that reason and logic has any application to the left.

The only thing that is important is that the left's desired outcomes are met. Increasingly, that just means "anything normal Americans don't want."
10 posted on 02/26/2018 9:04:20 AM PST by The Pack Knight
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To: GIdget2004

SCOTUS, needs kill this ruling, ASAP!!!


11 posted on 02/26/2018 9:06:09 AM PST by SandRat (Duty, Honor, Country)
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To: apillar
Of course. The only way for them to avoid an electoral backlash against their agenda is to push it through unelected, life-tenured judges.

The law is completely irrelevant to these judges' decisions, other than providing a challenge for their law clerks to work around when writing the opinions.
12 posted on 02/26/2018 9:09:06 AM PST by The Pack Knight
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To: GIdget2004

Don’t hire poofters, carpet munchers, or trannies. Controversy averted. If they complain, say you felt sexually harassed and #MeToo, so they had to go.


13 posted on 02/26/2018 9:15:14 AM PST by bk1000 (I stand with Trump)
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To: BenLurkin

...and too little ability to survive in the marketplace.


14 posted on 02/26/2018 9:17:43 AM PST by Mr. Lucky
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To: GIdget2004

Well, there ya go. That 14th Amendment sure is handy.


15 posted on 02/26/2018 9:18:05 AM PST by Jacquerie (ArticleVBlog.com)
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To: GIdget2004

Guess the instructor died because he had other people pack his chute.


16 posted on 02/26/2018 9:25:24 AM PST by VietVet876
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To: Trump20162020
These judges are literally just making it up to fit their worldview.

Taking their cue from Anthony Kennedy who somehow found a right to gay marriage in an 18th. Century document.


17 posted on 02/26/2018 9:25:59 AM PST by Buckeye McFrog
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To: GIdget2004

All hail the black robes!

They are gods among us mere mortals!


18 posted on 02/26/2018 9:28:21 AM PST by blueunicorn6 ("A crack shot and a good dancer")
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To: Trump20162020

How do you prove you’re gay ?
How do you prove your still gay next week?
It’s strictly Behavior so it’s not like skin color etc
My favorite joke?
I’m a try-sexual
What’s that ?
I’ll try anything ! /sarc


19 posted on 02/26/2018 9:31:12 AM PST by Truthoverpower (The guvmint you get is the Trump winning express !)
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To: VietVet876

“Guess the instructor died because he had other people pack his chute.”

I see what you did there.


20 posted on 02/26/2018 9:42:40 AM PST by jerseyman
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