AUSTIN — A hardline Christian activist and an evangelical church in North Texas are arguing that federal employment protections for LGBT workers don’t apply...
Mitchell sued the U.S. Equal Employment Opportunity Commission in 2018, arguing that employers with religious objections should be able to hire and fire employees based on their gender identity or sexual orientation.But the judge sided with the federal government on two issues — so-called bisexual conduct and certain transgender health care procedures.
This means, according to their argument, an employer cannot fire a gay man for being attracted to men if it would not also fire a woman for being attracted to men. But that same employer is in the clear if it discriminates equally against all bisexuals because it is not treating bi men and bi women differently, the lawyers argued.
“An employer who refuses to employee [sic] biological men who have had breast implants or breast-augmentation surgery has not violated Title VII if he would equally refuse to employ women who obtain these treatments,” they wrote.
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