Religion can't be used to justify workplace discrimination, court rules
Religion can't be used to justify workplace discrimination, court rules
10 March, 2018, 01:16
An appeals court has ruled in favor of a transgender woman who says she was illegally fired by a Metro Detroit funeral home while transitioning from a male to female.
A three-judge panel on the court found that R.G.
Aimee Stephens, a transgender woman, was sacked in 2013 from a Detroit-area funeral home.
"An employer can not discriminate on the basis of transgender status without imposing its stereotypical notions of how sexual organs and gender identity ought to align", she continued. "The unrefuted facts show that the Funeral Home fired Stephens because she refused to abide by her employer's stereotypical conception of her sex, and therefore the EEOC is entitled to summary judgment as to its unlawful-termination claim".
That same day, Lambda Legal filed an appeal in the 8th U.S. Circuit Court of Appeals on behalf of a man whose employment offer was rescinded when his prospective employer learned of his sexual orientation.
She was sacked about two weeks later, with the company's owner stating that "what she was proposing to do" was unacceptable, according to the ruling.
The decision means transgender workers in Kentucky, Michigan, Ohio, and Tennessee-which make up the Sixth Circuit-don't have to provide additional evidence that the bias they allegedly faced was also based on illegal sex stereotyping or "gender nonconforming" behavior.
In a 3-0 decision, the court sided with the Equal Employment Opportunity Commission [EEOC] and transgender employee Aimee Stephens, who was sacked from a Detroit funeral home after she informed her employer that she was transgender and beginning her transition.
"Discrimination on the basis of transgender and transitioning status is necessarily discrimination on the basis of sex, and thus the [Equal Employment Opportunity Commission] should have had the opportunity to prove that the Funeral Home violated Title VII by firing Stephens because she is transgender and transitioning from male to female", judge Karen Nelson Moore wrote in the appeals court's opinion.
Stephens said she was "thrilled with the court's decision", noting she "pursued this case because no one should be fired from their job just for being who they are".
American business owners, especially those serving the grieving and the vulnerable, should be free to live and work consistently with their faith.
"Today's decision misreads court precedents that have long protected businesses which properly differentiate between men and women in their dress and grooming code policies", stated ADF Senior Counsel Gary McCaleb.
"[The Department of Justice] has been rebuffed at every turn with how to apply anti-discrimination law", he said. McCaleb added. "This opinion instead rewrites federal law and is directly contrary to decisions from other federal appellate courts. We are consulting with our client to consider their options for appeal".
The Equal Employment Opportunity Commission, in a 2012 ruling, held that discrimination against transgender individuals is a form of sex stereotyping prohibited under Title VII of the Civil Rights Act of 1964, which does not include specific reference to gender identity or expression.
Karen Moore - a federal judge who once ruled that judges have almost absolute immunity from claims over their behavior, even when they are "petty, unethical and unworthy" - now has concluded that a funeral home must allow a male employee to dress in skirts, nylons and high heels.
The dress code, according to the appeals ruling, required men to wear suits and ties and women to wear skirts and business jackets. ADF represented the funeral home in the case. Public-facing male employees were given clothing that complied with the company's dress code, while like female employees were not given such allowance.
The increased likelihood of tit-for-tat trade measures and its impact on global growth hit shares, oil and the dollar. Trump rattled financial markets last week by promising to slap big tariffs on imported steel and aluminum .
Version 5 .50 also allows you to permanently delete old notifications and to schedule events directly from the tournament page . Games that weren't programmed to take advantage of the PS4 Pro's second, more powerful GPU cluster didn't initially benefit.
Stocks ran higher during afternoon trade as investors yanked the euro from its intraday high of $1.2447 against the US dollar. A final decision on the tariffs is expected soon, with Trump saying yesterday that the trade tariffs will be 'very fair.
Rush then tried to run and Hickman brought him down, repeatedly punching him in the head, the video shows. Asheville police finished an administrative probe in December, concluding that Hickman should be fired.
Moreover, California Employees Retirement Sys has 0.01% invested in Ashtead Group plc (LON:AHT) for 541,395 shares. (NASDAQ:EXEL). Newsome Randa G had sold 8,540 shares worth $1.84 million. 20,900 were accumulated by Keybank Natl Association Oh. (NASDAQ:TTS).
Samardzija said he went back to Playa del Carmen in January and he has "never felt unsafe" in the tourist destination. That incident came about a week after an explosive device detonated on another ferry, injuring several passengers.
West Ham face an obdurate Burnley side who visit the London Stadium with one of the best away records in the country. A 1-1 draw is the most probable result in the betting market, and it is available at the best odds of 11/2 at Bet365.
Cedric Vasseur, the manager of fellow MPCC team Cofidis, did not hold back when asked about the report's findings on Team Sky. Thomas, speaking to BBC Sport Wales, added: "I haven't [taken a TUE], but if I had, it's not breaking the rules".
UK Labour suspends members over anti-Semitic Facebook page
The Labour leader said: "The Scottish Executive is putting forward statements to conference which are then debated at conference". This, Mr Corbyn insisted, "shows why a Labour government is needed so badly to steer the negotiations in a sensible direction".
Dark Souls: Remastered beta announced
Players who are eager to get their hands on the action game early will have a chance during the free network test across consoles. In anticipation of Dark Souls Remastered , Nintendo revealed a few tidbits about the upcoming video game.
Samsung showcases premium QLED TVs
In response to rising consumer demand, Samsung is reinforcing its commitment to ultra-large screen televisions. Effortless Login uses the new SmartThings app** to drastically reduce the time it takes to set up a new TV.
Twitter planning to rollout verification to everyone
Wait, wasn't Twitter verification paused? . "The more clarity we can build, the more trust we'll have", said Dorsey. The micro-blogging site is working on a new process to verify people's identity and, thus, ensure credibility.
Manafort Pleads Not Guilty to All Charges
If he's found guilty on the charges in the Washington case, Manafort could be sentenced to almost 20 years in prison. Manafort entered a plea of not guilty to the charges, through his attorney Kevin Downing.
Samsung Galaxy S9 Pre-Orders Are Falling Short
Buyers who choose to get hold of the Samsung Galaxy On Max via Flipkart can get a slew of additional discounts and offers as well. Based on the statement made by the analyst , it looks Samsung is going to play it really safe this time just like the Galaxy S9.
Valve Is Making Games Again, Says Gabe Newell
PlayerUnknown's Battlegrounds is the third highest selling game in Steam's history, says Valve's Gabe Newell . He explicitly said that it's "the first of several games " coming from the studio.
Gunman takes hostages at Yountville veterans home
The facility houses about 1,000 aging vets and is the largest veterans home in the United States, according to the department. The Napa Valley Register reported that the man was wearing body armour and reportedly armed with an automatic weapon.
Mario Kart is coming to Google Maps for one week only
Mario Day, which takes place on March 10th (Mar10, heh heh) and Google Maps will be holding their own festivities all week long. When you launch the latest version of the app you'll see a prompt asking if you'd like to "Navigate the world as Mario".
Fortnite: Battle Royale is heading to iOS and Android
Sony is usually adamantly against cross-play with other systems, so did they make a deal for console cross-play exclusivity? As explained by Epic , those who sign up for the Fortnite Battle Royale Invite Event for iOS will receive email invites.
Muhammad Wilkerson scheduled to visit Chiefs
The visit went well, according to Tom Silverstein of the Milwaukee Journal Sentinel, but Wilkerson is keeping his options open. You called him a fat slob, you said he's out of shape, you've said all these things, all these things about Muhammad.
Jessica Jones season 2: [Spoiler] dies in AKA Freak Accident
This episode makes particularly great use of Malcolm, as he helps both Jessica and Trish in a way that no other character could. Between helping him get clean and facing what Kilgrave did to him, the two have more in common than she will admit out loud.