Tag Archives: sexual orientation

OA167: Neil Gorsuch, Secret Liberal?

Today’s episode tackles the recent (and shocking) Supreme Court decision in which Neil Gorsuch voted with the Court’s liberal justices to produce a very unusual 5-4 alignment.  Is this a sign that Gorsuch isn’t the right-wing hack we all thought he was?  Listen and find out!  (Hint:  No.)

After that, we break down the 6th Circuit’s recent opinion in EEOC v. R.G & G.R. Harris Funeral Homes, Inc., the first decision of its kind recognizing that discrimination on the basis of an individual who is transgender or transitioning violates Title VII of the Civil Rights Act of 1964.

After that, we answer a listener question about selecting a contingent fee attorney and discuss some of the actual pitfalls as well as misconceptions about those lawyers who take “no money down!”

Finally, we end with the answer to Thomas Takes the Bar Exam Question #72 about real property and the transfer of a deed.  Don’t forget to follow our Twitter feed (@Openargs) and like our Facebook Page so that you too can play along with #TTTBE!

Recent Appearances

None!  If you’d like to have either of us as a guest on your show, drop us an email at openarguments@gmail.com.

Show Notes & Links

  1. We first warned you about Neil Gorusch way back in Episode 40, and we’re definitely not backing down now.  If you want to check out his concurrence, you can click here to read the Supreme Court’s decision in Sessions v. Dimaya.  And, as we discussed on the show, the should-have-been-straightforward holding of this case stems directly from the Court’s prior opinion in Johnson v. United States.
  2. You can read the 6th Circuit’s recent opinion in EEOC v. R.G & G.R. Harris Funeral Homes, Inc., and for more coverage of Title VII, check out our discussion of Hively v. Ivy Tech from Episode 60, as well as our most recent update in Episode 152.

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OA152: Discrimination is for Dick’s?

In this rapid-response episode, Thomas and Andrew discuss the 2nd Circuit Court of Appeals’ en banc decision in Zarda v. Altitude Express, ruling that Title VII of the Civil Rights Act of 1964’s ban on discrimination on the basis of sex applies to sexual orientation as well.  This is a follow-up to our prior discussions of this issue back in Episode 60 and Episode 91.

In the initial segment, Andrew tackles a question from Twitter about the James Damore lawsuit and employment law in general after our most recent coverage in Episode 150.

After the main discussion of Zarda, the guys discuss some of the fallout from the Parkland shooting, including decisions by Dick’s Sporting Goods and Wal-Mart to cease certain kinds of gun sales.  Is this inappropriate age discrimination?  Listen and find out!

Finally, we end with an all-new TTTBE #65 about vegan criminal law.  You won’t want to miss it!  Remember that you can play along with #TTTBE by retweeting our episode on Twitter or sharing it on Facebook along with your guess.  We’ll release the answer on next Tuesday’s episode along with our favorite entry!

Recent Appearances

None!  Have us on your show!

Show Notes & Links

  1. We discussed Hively v. Ivy Tech Community College of Indiana back in Episode 60, and we discussed the panel decision in Zarda v. Altitude Express in Episode 91.
  2. You can read the en banc decision of the Second Circuit in Zarda by clicking here.
  3. In the “C” segment, the case discussed regarding Ladies’ Night is Koire v. Metro Car Wash, 707 P.2d 195 (Cal. 1985).

Support us on Patreon at:  patreon.com/law

Follow us on Twitter:  @Openargs

Facebook:  https://www.facebook.com/openargs/

Don’t forget the OA Facebook Community!

And email us at openarguments@gmail.com



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