Swordsmyth
09-29-2017, 12:29 PM
The Justice Department argument Tuesday, before the Second Circuit Court of Appeals, came in the case of Donald Zarda who claims he was fired by his company, Altitude Express, for being gay.
The agency inserted itself, even though the federal Equal Employment Opportunity Commission had already sided with Zarda, arguing that LGBTQ employees are protected by Title VII of the landmark Civil Rights law.
That made the hearing odd, to say the least.
"It’s a little bit awkward for us to have the federal government on both sides of the case," observed Judge Rosemary Pooler at one point in the oral arguments.
But Justice Department lawyer Hashim Mooppan pressed on anyway, opposing the EEOC, which was still run by an Obama administration holdover when the case first reached the court.
"Employers under Title VII are permitted to consider employees' out-of-work sexual conduct," Mooppan told the judges. "There is a common sense, intuitive difference between sex and sexual orientation."
More at: https://www.yahoo.com/news/trump-administration-says-employers-fire-195610268.html
The agency inserted itself, even though the federal Equal Employment Opportunity Commission had already sided with Zarda, arguing that LGBTQ employees are protected by Title VII of the landmark Civil Rights law.
That made the hearing odd, to say the least.
"It’s a little bit awkward for us to have the federal government on both sides of the case," observed Judge Rosemary Pooler at one point in the oral arguments.
But Justice Department lawyer Hashim Mooppan pressed on anyway, opposing the EEOC, which was still run by an Obama administration holdover when the case first reached the court.
"Employers under Title VII are permitted to consider employees' out-of-work sexual conduct," Mooppan told the judges. "There is a common sense, intuitive difference between sex and sexual orientation."
More at: https://www.yahoo.com/news/trump-administration-says-employers-fire-195610268.html