. . .In a 31-page filing submitted Tuesday with the United States Supreme Court, attorneys for the ACLU continue their advocacy on behalf of Donald Zarda, a man who claims that he was fired by Altitude Express, Inc. because of his attraction to other men and for failing to conform to the “straight male macho stereotype.”
Ray Maynard, the owner of Altitude, and the Trump Administration’s attorneys arguing on Maynard’s behalf don’t dispute Zarda’s claim. Rather, they both claim it’s well within Maynard’s rights under federal law to discriminate against sexual orientation in the workplace. . .
In a recent filing, the Trump Administration acknowledged that an employer who “fires a man for being attracted to men and [who] would not fire other employees for their sexual orientation violates Title VII.” The solution here? Discriminate against lesbians, too. . .
Such a staffing decision, the Trump Administration argues, would be allowable because said policy would discriminate against men and women equally. This doubly discriminatory policy would also be legally sound because, they claim, the real discrimination present in such a policy is actually sourced from sexual orientation discrimination–and is not pure or genuine sex discrimination.
“Altitude and the Government argue that when an employer engages in wholesale ‘sexual-orientation discrimination,’ the ‘[u]nfavorable treatment of a gay or lesbian employee’ is ‘not the consequence of that individual’s sex, but instead of an employer’s policy concerning a different trait—sexual orientation—that Title VII does not protect,’” the ACLU filing notes. (Read more from “Trump Admin: Businesses Can Fire Men for Being Gay If They Fire Women for Being Lesbian, Too. ACLU: No.” HERE)