Actively working to expose people to discrimination

Meanwhile in Trump World

The Justice Department has filed court papers arguing that a major federal civil rights law does not protect employees from discrimination based on sexual orientation, taking a stand against a decision reached under President Barack Obama.

The department’s move to insert itself into a federal case in New York was an unusual example of top officials in Washington intervening in court in what is an important but essentially private dispute between a worker and his boss over gay rights issues.

“The sole question here is whether, as a matter of law, Title VII reaches sexual orientation discrimination,” the Justice Department said in a friend-of-the-court brief, citing the 1964 Civil Rights Act, which bars discrimination in the workplace based on “race, color, religion, sex or national origin.” “It does not, as has been settled for decades. Any efforts to amend Title VII’s scope should be directed to Congress rather than the courts.”

The Pussygrabber wants to put those nasty HoMoSekshual people back in their place. They give good red-blooded Amurrican pussygrabbers the squicks.

The filing came in a discrimination case before the United States Court of Appeals for the Second Circuit involving Donald Zarda, a skydiving instructor. In 2010, Mr. Zarda was fired by his employer, a Long Island company called Altitude Express. Before taking a female client on a tandem dive, Mr. Zarda told the woman he was gay to assuage any awkwardness that might arise from his being tightly strapped to her during the jump. The woman’s husband complained to the company, which subsequently fired Mr. Zarda. Mr. Zarda then sued Altitude Express, claiming it had violated Title VII.

The woman’s husband complained because…the skydiving instructor wasn’t a pussygrabber?

Under Attorney General Jeff Sessions, the Justice Department has now stepped into the fray. In its brief, the department noted that every Congress since 1974 has declined to add a sexual-orientation provision to Title VII, despite what it called “notable changes in societal and cultural attitudes.” The brief also said that the federal government, as the largest employer in the country, had a “substantial and unique interest” in the proper interpretation of Title VII.

In 2015, the Equal Employment Opportunity Commission, under Mr. Obama, issued a contrary ruling, deciding on a vote of three Democrats to two Republicans that discrimination on the basis of sexual orientation was illegal. That ruling, which was reviewed by the Obama administration’s Justice Department, did not formally bind the federal courts, although courts often defer to federal agencies when they interpret laws that come under their jurisdiction.

In its brief, the Trump administration’s Justice Department said the E.E.O.C., which had also filed court papers supporting Mr. Zarda, was “not speaking for the United States.”

It couldn’t be; it has the word “equal” in the very title. Republicans are allergic to that word.

Shortly after the new brief was filed, civil rights activists attacked it. In a statement on Wednesday, Vanita Gupta, who ran the Justice Department’s civil rights division under Mr. Obama, said the Trump administration’s court filing “contravenes recent court decisions and guidance issued by the Equal Employment Opportunity Commission.”

On Twitter on Wednesday night, Ms. Gupta, who is the president of the Leadership Conference on Civil and Human Rights, noted that only political appointees, not career employees, from her former office at the Justice Department had signed the brief.

The American Civil Liberties Union called the brief a “gratuitous and extraordinary attack on L.G.B.T. people’s civil rights.” In a statement, James Esseks, the director of the organization’s L.G.B.T. and H.I.V. Project, added, “The Sessions-led Justice Department and the Trump administration are actively working to expose people to discrimination.”

It’s how they roll.

3 Responses to “Actively working to expose people to discrimination”