6th Circuit: Funeral home unlawfully discriminated against fired transgender employee

09 March, 2018, 10:37 | Author: Sherman Richardson
  • 6th Circuit: Funeral home unlawfully discriminated against fired transgender employee

A three-judge panel of the U.S. Court of Appeals for the 6th Circuit ruled Wednesday that the federal government can force a MI funeral home to allow a male employee to dress as a woman despite the family business's sex-specific dress code. & G.R. Harris Funeral Homes, Inc. for more than five years, but when she chose to come to work dressed as a woman instead of a man, the funeral home owner, Thomas Rost, fired her. Ms. Stephens had notified Mr. Rost she would be transitioning, but he made a decision to let her go, citing his religious beliefs.

The appeals court said Title VII's ban on sex discrimination protected Stephens, and permitting her to represent herself as a woman did not substantially burden Rost's religious beliefs.

The Sixth Circuit appears to be the first circuit to address anew in a published opinion whether Title VII's sex bias prohibition also outlaws gender identity bias in the absence of proof that the discrimination targeted a worker for behavior that allegedly didn't conform to perceived traditional gender stereotypes, Nevins said. "Thus, if the EEOC's complaint had alleged that the funeral home fired Stephens based exclusively upon Stephens' status as a transgender person, then this court would agree with the funeral home that the EEOC's complaint fails to state a claim under Title VII", the ruling states.

Jay Kaplan is a staff attorney with the Michigan American Civil Liberties Union which is representing Stephens in this case.

Stephens wrote that she struggled with "a gender identity disorder" and planned to undergo to gender reassignment surgery, according to the ruling.

"Religious freedom should never be used as a basis to discriminate against people and deny their basic human rights", Rachel Laser, the executive director of Americans United, said in a statement.

The court described the mission statement as: "T$3 he Funeral Home's "highest priority is to honor God in all that we do as a company and as individuals" and includes a verse of scripture on the bottom of the mission statement webpage". First, it explicitly concludes discrimination against transgender workers is sex discrimination, and unlawful under Title VII.

6th Circuit: Funeral home unlawfully discriminated against fired transgender employee

A three-judge panel on the court found that R.G.

Joining in Moore in the decision is U.S. Circuit Judge Jeffrey White, an appointee of George W. Bush; and U.S. Circuit Judge Bernice Donald, an Obama appointee.

"In too many workplaces around the country, coming out as trans is a fireable offense, as our client Aimee Stephens personally experienced", he said in a statement.

"That could be a religious belief that someone has, but at this same time most people understand that it's wrong to decriminalize, and it's wrong to fire someone from their job that they're doing perfectly well just because they're transgender".

"But this ruling affirms that that is illegal, setting an important precedent confirming that transgender people are protected by Title VII of the Civil Rights Act", Knight said.

In a 2016 interview with WWJ, Wardlow said his client was simply looking out for the best interests of the bereaved, adding that "Numerous courts have recognized that companies may differentiate between men and women in their dress and grooming policies without violating Title VII".

Alliance Defending Freedom has the options of seeking "en banc" review before the full Sixth Circuit or filing a petition for certiorari before the U.S. Supreme Court.

Penguins found a camera in Antarctica and captured a selfie
The Australian Antarctic Division posted the 38 second clip on its Twitter page . The footage was captured by Antarctic researcher Eddie Gault .

Economic Recovery: IMF Applauds CBN, Confirms Nigeria Out Of Recession
The figures were revised to -0.91 per cent from -0.52 per cent due to revisions to crude output for March 2017. A value-added tax is an indirect tax paid on goods.

Officials find remains of missing Texas woman
At the time of Morris' disappearance, massive searches and volunteer search groups spent countless hours looking for her. The spot coincides with a cell tower that Arochi's cellphone had pinged on the morning of Morris' disappearance.


  • MoviePass iOS app update removes 'unused' location tracking

    MoviePass iOS app update removes 'unused' location tracking

    Shortly thereafter, the company, which offers unlimited cinema visits at screens around the United States for a monthly fee, released a statement.

    The Barclays Cuts Spire Healthcare Group (SPI) Price Target to GBX 255

    Morgan Stanley accumulated 0.15% or 2.70 million shares. 187,990 shares or 0.39% more from 187,252 shares in 2017Q2 were reported. The stock of The Restaurant Group plc (LON:RTN) has "Buy" rating given on Wednesday, March 8 by Liberum Capital.

    Price Target Estimates: Palo Alto Networks, Inc. (PANW)

    Deutsche Natl Bank Ag stated it has 484,656 shares. 6,854 were reported by Regal Advisors Limited Liability Corporation. The stock of Palo Alto Networks, Inc . (NYSE:PANW) has "Buy" rating given on Thursday, June 1 by Piper Jaffray.
  • Pew: Pope Francis 'Effect' Has Failed Among US Christians

    Pew: Pope Francis 'Effect' Has Failed Among US Christians

    At the same time, the share of Catholics that are Hispanic-a demographic that usually votes Democrat-has grown (from 32% to 36%). Pew dug into the growing discontent among Catholics, which appears to be coming nearly exclusively from political conservatives.
    Brunson, Mack, Spellman win Big East honors

    Brunson, Mack, Spellman win Big East honors

    The Musketeers went on a 15-6 run to start the second half and used a 14-4 stretch midway through the half to go up by 20-plus. There was some pushing and shoving and Xavier coaches quickly herded their players into the locker room.
    After Andhra Pradesh, special status demand echoes in Bihar

    After Andhra Pradesh, special status demand echoes in Bihar

    JD (U) principal general secretary KC Tyagi supported Naidu's demand and said Bihar deserves to get special state status. But there seems to be a big difference between the two chief ministers", said RJD national spokesman Manoj Jha.
  • Blame game starts as soon as Louisiana special session ends

    Blame game starts as soon as Louisiana special session ends

    The sales tax, they say, disproportionately hurts the poor while the income tax changes would end up costing upper-income earners. What we are doing is not fair to the public", said democratic representative Terry Landry. "We have a lot of work ahead of us".

    Red Sparrow review: Jennifer Lawrence's brutal movie weaponises sex - with ugly results

    Simultaneously, an American operative, Nathaniel (Edgerton), has been compromised after protecting the identity of a double agent. More importantly, Dominika is a character who hasn't had the time to harden from the cruelties she's been exposed to.
    Mega 6.8 magnitude quake  strikes 'Ring of Fire' zone

    Mega 6.8 magnitude quake strikes 'Ring of Fire' zone

    The Department of Foreign Affairs on Friday said no Filipino has been reported dead in the earthquakes that hit Papua New Guinea. The Ring of Fire zone is in the Pacific Ocean where a large number of quakes and volcanic eruptions occur.
  • Naga Chaitanya wary of sharing screen space with wifey Samantha

    Naga Chaitanya wary of sharing screen space with wifey Samantha

    The regular shoot of this film will kick-start during the second half of this year and Shine Screens will bankroll the project. Shiva was lauded by critics and audiences alike for his mature portrayal of romance in Ninnu Kori .
    What you need to know about the National School Walkout

    What you need to know about the National School Walkout

    The protest is slated to last for 17 minutes in honor of the number of lives lost during the recent Parkland, Fla., ambush. That's a relatively minor infraction, akin to a student skipping class.
    Arsenal Fans Were Interested In Mesut Ozil's Reaction To Brighton's Goal

    Arsenal Fans Were Interested In Mesut Ozil's Reaction To Brighton's Goal

    And Jack Wilshere earned a risky free kick when Dale Stephens made a sliding intervention around the hour mark. Cech had to punch an Ezequiel Schelotto speculation over the bar 10 minutes into the second half.


US Asks China to Reduce Trade Deficit by $100 Billion
Just $5 a month. "Especially given today's globalisation, choosing a trade war is a mistaken prescription". In fact, for years, China's senior officials have repeatedly tried to dismiss the "China threat theory".

Mario Tennis Aces launches this June on Nintendo Switch
The most recent title, Tennis: Ultra Smash, was released on the Wii U to mixed reviews with a Metacritic score of 58. First and foremost, Mario Tennis Aces has up to 4-player online multiplayer, events based online tournaments.

Check Out Spider-Man's Mechanical Arms in Avengers: Infinity War
Some characters should be upgraded, others will take center stage as the new tentpole franchises, and the Avengers will be new. That's how he's able to pull a moon out of orbit and crash it into a planet. " Vision is a living MacGuffin ", Russo told EW.

David Howell struggles on day one of Indian Open
He closed with a 62 last month to win the Malaysian Open, making him the only two-time victor on the European Tour this season. The Spaniard said he missed his morning alarm, followed by a "10-second shower" and a "wild" vehicle journey in Delhi.

Sreedharan cites 'lack of progress' behind DMRC exit from Kerala metro projects
But generally, what all state governments do, is to give sanction for the work to start, after receiving the DPR. The Kerala government also failed to sign the agreement with the DMRC submitted to it 15 months ago.

Don't insist on appearance of Chief Secy, HC tells panel
The two MLAs are in 14 days' judicial custody, which ends on Thursday. By hook or crook, the chief secretary is being harassed.

BlackRock Inc. Has $1.22 Billion Holdings in Hess Corp. (HES)
State Of Wisconsin Board has invested 0.03% in Hess Corporation (NYSE: HES ). 234,480 are held by Hsbc Public Limited Company. After $-1.01 actual EPS reported by Hess Corporation for the previous quarter, Wall Street now forecasts -46.53% EPS growth.

The Cranberries plan to reissue 1993 debut; release brand-new album
This year, the band will release a 25th Anniversary edition of their debut album Everybody Else is doing it so why can't we . This month marks the 25th anniversary of the release of our debut album " Everybody Else is doing it so why can't we ".

Splatoon 2 Octo Expansion DLC and Update 3.0 Detailed in Nintendo Direct
In it, you play as new character Agent 8, an Octoling who awakens on the platform of a dark subway station without her memories. Purchasing the DLC early will enable you to receive Octo headgear and clothes that you'll be able to use in Splatoon 2 today.

Apple Says Workplace Violations Rise Among its Suppliers, But Overall Compliance Improves
Thirty-eight of the core violations past year centered on "labor and human rights", including labor violations and underage labor. Apple revealed Wednesday that its suppliers made a number of serious labor and environmental violations, according to Reuters .