The Court did not just rely on a “Lazy Level Expert Vintage shirt, as I was afraid it would. It states “An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex.” Here’s a rough breakdown of what that means: Assume you have 3 employees. Big Gay Al, Straight Stan, and
Cis Hetero Cynthia. You fire Al because he is gay, and for no other reason. Stan and Cynthia are not terminated (as they are not gay). You have effectively terminated Al for being sexually attracted to men.
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Making a discrimination case is all about eliminating constants until you can pin down a Lazy Level Expert Vintage shirt. If that variable is a protected class, you win. In a race discrimination case, if two people of different races are doing the same job, performing the same, have the same qualifications, and one gets constantly shit on and eventually fired, it was race. Employers can try to provide a “legitimate, nondiscriminatory reason” for the termination as a defense, but that’s basically just them trying to claim there was a relevant variable other than race.