THE DOJ AND THE EEOC CANNOT AGREE WHETHER TITLE VII PROTECTS SEXUAL ORIENTATION DISCRIMINATION
In a case that takes parents fighting in front of the kids to new heights, the Department of Justice claims that Title VII does not cover discrimination on the basis of sexual orientation, the opposite position taken by the Equal Employment Opportunity Commission. In fact, the EEOC had filed an amicus brief on the same Second Circuit case last month (Melissa Zarda et al. v. Altitude Express dba Skydive Long Island et al) which stated that sexual orientation discrimination is inextricably linked to gender, involves gender-based discrimination regarding whom a person associates with, and is linked to gender stereotypes and non-conformity.
Huh? The EEOC has been out in front on this issue for some time. Sexual orientation discrimination claims are working their way through several appeals courts and may soon be at the U.S. Supreme Court. As we reported in April, https://workplacelawhelp.com/2017/04/ the Eleventh Circuit in mid-March issued a decision counter to the Seventh Circuit’s Hively ruling, affirming dismissal of a lesbian hospital security guard’s claim she was fired because of her sexual orientation while letting her replead a gender nonconformity claim. Her lawyers have said they would take the case to the high court.
Treating sexual orientation like gender under discrimination laws is the best course unless and until the DOJ can persuade the US Supremes otherwise. We will keep you posted.
GRILLING AND CHILLING
Spice-rubbed carrots: Roll peeled carrots in cumin, salt, pepper and brown sugar. Char, then move them away from direct heat and cover the grill until carrots are tender.
Grilled Chicken Parm: Pound breast thin (key), top one side with sliced tomato, mozzarella and Parmesan; fold in half, seal with a toothpick or skewer and grill for a few minutes on each side.
Bon apetit! (recipes by Mark Bittman, tested by Foley & Foley)