Friday, November 15, 2019

The Fallout Is Beginning

We all knew that this was going to happen, with the administration attacking Title VII and Title IX protections for us.
Penn changes course after claiming Civil Rights Act doesn't apply to transgender people
The Daily Pennsylvanian
By Manlu Liu
November 13, 2019

Last week, Penn argued in court documents that transgender individuals are not protected from workplace discrimination under a federal act. Now, Penn is retracting its argument, saying Penn does not tolerate discrimination.

The lawyers' latest arguments were filed on Wednesday in court proceedings for a lawsuit submitted on July 2. In the suit, the plaintiff, "Jane Doe," who was a former Hospital of the University of Pennsylvania employee, alleges that the hospital discriminated against her when it terminated her contract in late June — on the basis that she identifies as transgender.

On Nov. 7, Penn's lawyers asked the court to dismiss a claim in the lawsuit that Penn violated Title VII of the 1964 Civil Rights Act, which protects employees from sex discrimination, arguing that "Title VII does not cover transgender employees."

On Nov. 13, Penn's lawyers retracted their earlier statement, instead arguing that Penn's protections do offer full protection of transgender patients and employees.
In the argument it retracted Wednesday, Penn wrote that while the Supreme Court is deciding on whether Title VII covered transgender employees, a previous court decision in the Third Circuit, which included Pennsylvania, said the court has yet to decide whether transgender employees fall under the federal act. Therefore, the lawyers concluded, Title VII does not protect transgender employees in Pennsylvania.
We are going to see more court cases that challenge Title VII & IX protections for us and don’t count on the courts being on our side.

The Senate just confirmed another unqualified federal judge, this time an Appeals Court judge to the Second District.
Senate Confirms Wildly Problematic Trump Court Pick Steven Menashi
The HuffPost
By Jennifer Bendery,
November 14, 2019

WASHINGTON ― The Senate voted Thursday to make Steven Menashi a lifetime federal judge, despite his inflammatory writings about women’s rights and diversity, his refusal to answer senators’ questions and his role in devising an illegal Education Department effort to deny debt relief to students cheated by for-profit colleges.

Every Democrat present voted against confirming Menashi, who is President Donald Trump’s choice for a lifetime seat on the U.S. Court of Appeals for the 2nd Circuit. Every Republican present but one, Sen. Susan Collins (Maine), voted to confirm him.
Menashi, 40, is one of Trump’s most controversial court picks to date. Nearly every national civil and women’s rights group opposed him, including the NAACP, the National Organization for Women, the Human Rights Campaign, Muslim Advocates and Planned Parenthood. Democrats questioned his qualifications ― he has never tried a case, made oral arguments in court or conducted a deposition ― as well as his temperament.
Did you get that?

He “...has never tried a case, made oral arguments in court or conducted a deposition...” but he is going to be on the second highest court in the nation.
“Mr. Menashi is one of the most contemptible nominees to come before the Senate in all my time in this body,” said Senate Minority Leader Chuck Schumer (D-N.Y.). “His record on race, women’s equality, LGBTQ rights, and the rights of immigrants should be disqualifying.”

“I don’t say this lightly: He’s one of the worst judicial nominees to be put forth by President Trump―and I intend to cast a resounding no vote,” Sen. Kirsten Gillibrand (D-N.Y.) tweeted.
This is the quality of judges that the Republicans appoint; their one qualification is that they support the Republican ideology… anti-LGBTQ, anti-abortion, anti-Muslim, and anti-immigration. 

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