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This is not legal advice, which can only be given by an attorney admitted to practice law in your jurisdiction after hearing all of the facts and circumstances in a particular case.

Friday, April 18, 2014

Transgender TV Personality Loses Viacom Discrimination Lawsuit

B. Scott's suit has been dismissed based on First Amendment considerations. This is a fascinating new legal wrinkle in the discrimination context. If a media company can protect its public expression via wardrobe decision, I suppose that I will now see employers arguing that can say that their public expression is at stake when they refuse to allow a trans employee to wear particular clothing or to use particular rest rooms or dressing rooms. I am looking forward to reading the decision.

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