Re: Successful RFRA defense in EEOC case against funeral home that fired a male-to-female transgender employee for insisting on wearing a skirt suit to work

2016-08-18 Thread Levinson, Sanford V
I note for the record, with fully snarky intentions, that I know of no imaginative rendering of Moses or Jesus that depicts them in suits, nor is it my impression that modern Popes dress gender appropriately. The argument basically boils down to "customer's" veto, and I see no difference

Re: Successful RFRA defense in EEOC case against funeral home that fired a male-to-female transgender employee for insisting on wearing a skirt suit to work

2016-08-18 Thread Roger Severino
I agree with Eugene. The whole point of uniform policies (other than purely functional ones like hard hats) relates to the message the clothing sends. Here, the funeral home owner had very particularized employee dress requirements in keeping with the solemnity and sensitivity required to help

RE: Successful RFRA defense in EEOC case against funeral home that fired a male-to-female transgender employee for insisting on wearing a skirt suit to work

2016-08-18 Thread Volokh, Eugene
I don’t think the substantial burden argument is quite that weak. One’s employees who speak to customers speak on one’s behalf. I would think that, if for instance, a Quaker who opposed deadly self-defense (not all do, I think, but some do) might be substantially burdened by a (hypothetical)

Re: Successful RFRA defense in EEOC case against funeral home that fired a male-to-female transgender employee for insisting on wearing a skirt suit to work

2016-08-18 Thread Steven Jamar
I supported RFRA for years. I am becoming a supporter of Smith. -- Prof. Steven D. Jamar Assoc. Dir. of International Programs Institute for Intellectual Property and Social Justice http://iipsj.org http://sdjlaw.org "Politics hates a vacuum. If it isn't filled with hope,

Re: Successful RFRA defense in EEOC case against funeral home that fired a male-to-female transgender employee for insisting on wearing a skirt suit to work

2016-08-18 Thread Marty Lederman
Exactly, Eugene. The employer already has available to it the "alternative" the judge creatively surmised. The employer himself didn't propose it, no doubt because he would object to Stephens not wearing a tie (not to mention other indicia of the fact that she's a woman, e.g., make-up), and to

Successful RFRA defense in EEOC case against funeral home that fired a male-to-female transgender employee for insisting on wearing a skirt suit to work

2016-08-18 Thread Volokh, Eugene
In today's EEOC v. R.G. & G.R. Harris Funeral Homes, http://www.politico.com/f/?id=0156-9f0a-d073-a5d7-df9ef3920001, a federal district court rejected a EEOC claim on RFRA grounds. I'm a bit puzzled, though, by the court's reasoning, and I wanted to ask what fellow list members thought.