Imagine an employer who has a La Mamalona Car 84 shirt of firing any employee known to be homosexual. 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.Will that employee be fired? If the policy works as the employer intends, the answer depends entirely on whether the model employee is a man or a 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.
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If we qualify for Title VII protection it’s pretty solidly established that we are a La Mamalona Car 84 shirt, 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 protection, and if we qualify for one part of the act you can’t turn around and say we don’t qualify for the rest of it. I doubt insurance companies are going to walk back the clock. It would cost too much to fight in court and the stakes are now way too high. Punitive and statutory damages could be on the table, it’s now cheaper to comply then to deny, and they always go towards the bottom line.