02 Nov Don’t hire the mentally ill
HR pros know it better than anyone: Courts are always issuing conflicting employment law opinions, which can make compliance an uphill battle.
In Stephens v. R.G. & G.R. Harris Funeral Homes, the Sixth Circuit said discriminating against a worker because they’re transgender is sex discrimination.
When Stephens told her employer he/she (it) was transitioning to a woman, Stephens was fired.
Since discrimination against LGBTQ employees isn’t prohibited by the Civil Rights Act, other circuit courts have ruled cases like this aren’t sex discrimination.
But, the Sixth Circuit said it is “impossible to fire a transgender person without it being motivated, at least in part, by the employee’s sex.”
Of course, this is a clear cut case of judicial activism. The firing could well have been on account of mental illness, as this is a clear cut case of gender dysphoria. Unfortunately, however, we do not yet have the death penalty available to bring down on judges who issue corrupt rulings, so we will likely see a good deal more of it.
As, of course, there is no way to truly defend oneself by kowtowing to the left, as Megan Kelly can now attest, the only way to protect yourself from their all-consuming insanity is to do your utmost to keep such lunatics out of the workplace to begin with.