HRC takes action against Saks for defending anti-trans discrimination

  • metta

    Posts: 39165

    Jan 11, 2015 8:43 AM GMT
    HRC takes action against Saks for defending anti-trans discrimination

    Retailer claims the right to discriminate against transgender employees


    - See more at: http://www.gaystarnews.com/article/hrc-takes-action-against-saks-defending-anti-trans-discrimination090115
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    Jan 11, 2015 4:33 PM GMT
    Like it or not, Saks' legal arguments mirror the current state of what the law is, not what Eric Holder's DOJ or the EEOC says it should be. Perhaps HRC will succeed in expanding it to cover TGs; perhaps not. I'd like to see the briefs; a better written story would have linked to them, or at least given the name of the case and the district court in which it's proceeding so others could view them and other filings on PACER.
  • metta

    Posts: 39165

    Jan 11, 2015 4:53 PM GMT
    Human Rights Campaign Takes Action Against Saks Fifth Avenue Over LGBT Policies
    The nation’s largest LGBT rights group takes on the high-end department store over a conflict between the store’s policies and a legal position it is taking against transgender employment protections. [Update: The company won’t say if it stands by the December court filing.]

    http://www.buzzfeed.com/chrisgeidner/human-rights-campaign-takes-action-against-saks-fifth-avenue



    Saks Claims It Has the Right to Discriminate Against Transgender Employees

    http://www.businessweek.com/articles/2015-01-09/saks-and-company-in-legal-fight-over-transgender-former-employee

    HRC Takes Action Against Saks Fifth Avenue for Undermining LGBT Equality
    http://www.hrc.org/blog/entry/hrc-takes-action-against-saks-fifth-avenue-for-undermining-lgbt-equality


    HRC Challenges Saks' Defense of Antitrans Discrimination
    As the company claims such discrimination is legal and that it isn't bound by its own antibias policies, the Human Rights Campaign suspends its Corporate Equality Index score.
    http://www.advocate.com/politics/transgender/2015/01/08/hrc-challenges-saks-defense-antitrans-discrimination
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    Jan 11, 2015 5:06 PM GMT
    Thanks for posting the links to the briefs, Mr. Metta. Saks' MTD is concise and well written, and correctly states the operative law, though it's interesting that the 5th Cir., in which Houston is located, apparently hasn't considered this issue before; thus the reliance on out-of-circuit authority. The only point I think Saks is shaky on is the exhaustion of administrative remedies, but it's really tangential to the gravamen of the case.
  • OutdoorAdvent...

    Posts: 361

    Jan 12, 2015 5:21 AM GMT
    MGINSD saidThanks for posting the links to the briefs, Mr. Metta. Saks' MTD is concise and well written, and correctly states the operative law, though it's interesting that the 5th Cir., in which Houston is located, apparently hasn't considered this issue before; thus the reliance on out-of-circuit authority. The only point I think Saks is shaky on is the exhaustion of administrative remedies, but it's really tangential to the gravamen of the case.


    Discrimination by Sak's is defendable because the law may or may not prevent them from doing so? I don't know if the company has the legal right to discriminate, but I definitely have the right not to shop there (not that I ever have or would).
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    Jan 12, 2015 5:58 AM GMT
    OutdoorAdventurist said
    MGINSD saidThanks for posting the links to the briefs, Mr. Metta. Saks' MTD is concise and well written, and correctly states the operative law, though it's interesting that the 5th Cir., in which Houston is located, apparently hasn't considered this issue before; thus the reliance on out-of-circuit authority. The only point I think Saks is shaky on is the exhaustion of administrative remedies, but it's really tangential to the gravamen of the case.


    Discrimination by Sak's is defendable because the law may or may not prevent them from doing so? I don't know if the company has the legal right to discriminate, but I definitely have the right not to shop there (not that I ever have or would).


    Yes, under the current law they do. And I'm with you on not shopping at Saks' - including their "outlet." Everyone has the power of choice.
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    Jan 12, 2015 6:27 AM GMT
    MGINSD saidThanks for posting the links to the briefs, Mr. Metta. Saks' MTD is concise and well written, and correctly states the operative law, though it's interesting that the 5th Cir., in which Houston is located, apparently hasn't considered this issue before; thus the reliance on out-of-circuit authority. The only point I think Saks is shaky on is the exhaustion of administrative remedies, but it's really tangential to the gravamen of the case.

    Thank you for confirming once again the homophobe you are here.

    When you ever post something that is pro-gay, do let me know.
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    Jan 12, 2015 2:41 PM GMT
    3 people own Saks, HRC should go after them.

    The same 3 guys also own Lord&Taylor and a bunch of Canadian retailers.
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    Jan 12, 2015 3:00 PM GMT
    Huh? If every queen who works at Saks were to leave they would have no employees.