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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.

Thursday, July 10, 2014

Legal Protections for the “Personal Best” of Each Employee: Title VII’s Prohibition on Sex...

Mary Anne Case lists several problems with ENDA in her Stanford law review article (p. 1337): "an extremely broad religious exemption, concession to sex-specific grooming standards, the absence of a bona fide occupational qualification (BFOQ), preclusion of disparate impact claims and affirmative action, an extremely broad but potentially confusing definition of gender identity, and an absence of explicit protections for many items of concern to the transgender community, including use of pronouns and bathrooms consistent with an individual’s gender identity."

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