1 00:00:00,040 --> 00:00:03,000 Speaker 1: Well, now it's time for our daily Bloomberg laundreef exploring 2 00:00:03,120 --> 00:00:05,600 Speaker 1: legal issues in the news and Todave. Bloomberg Law host 3 00:00:05,640 --> 00:00:09,320 Speaker 1: Greg Store discusses a recent appeals court decision saying the 4 00:00:09,400 --> 00:00:13,720 Speaker 1: Civil Rights Act does apply to LGBT people in the workplace. 5 00:00:14,000 --> 00:00:16,720 Speaker 1: He speaks with Michael sell Me, a professor at George 6 00:00:16,720 --> 00:00:20,720 Speaker 1: Washington University Law School, and Orally Lobel, a professor at 7 00:00:20,720 --> 00:00:25,239 Speaker 1: the University of San Diego. Mike. Federal civil rights law 8 00:00:25,800 --> 00:00:29,160 Speaker 1: called Title seven says that employers can't discriminate on the 9 00:00:29,200 --> 00:00:31,880 Speaker 1: basis of sex. It's a sex as well some other 10 00:00:31,920 --> 00:00:34,800 Speaker 1: factors like race and religion. It doesn't say anything about 11 00:00:34,880 --> 00:00:38,320 Speaker 1: sexual orientation. So how did this decision, written by Judge 12 00:00:38,360 --> 00:00:42,760 Speaker 1: Diane Wood, how did they get around that that language issue? Well, 13 00:00:42,760 --> 00:00:46,479 Speaker 1: the court directly a couple of different thing in Diane 14 00:00:46,600 --> 00:00:50,840 Speaker 1: which was the main opinion in the court, and disciplination 15 00:00:50,960 --> 00:00:53,600 Speaker 1: that has been percolating in the lower courts for some time. 16 00:00:53,840 --> 00:00:57,400 Speaker 1: And ultimately what she concluded is that the definition of 17 00:00:57,560 --> 00:01:05,080 Speaker 1: sex includes um sex orientation based on um the comparisons 18 00:01:05,080 --> 00:01:08,800 Speaker 1: that individuals have to use in order to succeed on 19 00:01:09,280 --> 00:01:12,880 Speaker 1: Title seven claims. So for this case where it is 20 00:01:12,920 --> 00:01:16,920 Speaker 1: a lesbian who is bringing the claim. The court concluded 21 00:01:17,000 --> 00:01:20,680 Speaker 1: that the fact that she is being treated differently because 22 00:01:20,760 --> 00:01:25,360 Speaker 1: she is interesting or dating women makes it so that 23 00:01:25,400 --> 00:01:27,680 Speaker 1: she is being treated differently because of her sex. That 24 00:01:27,800 --> 00:01:29,720 Speaker 1: if she were a man who was dating a woman 25 00:01:29,840 --> 00:01:31,319 Speaker 1: is one way you have to look at it, she 26 00:01:31,319 --> 00:01:33,360 Speaker 1: would have been offered the job. Or only you get 27 00:01:33,400 --> 00:01:35,480 Speaker 1: the descent. Can you give us a synopsis of why 28 00:01:35,520 --> 00:01:39,040 Speaker 1: the descent thought that Judge Wood was wrong? Well, I 29 00:01:39,080 --> 00:01:43,160 Speaker 1: do not agree with the descent, but Judge Psikes wrote 30 00:01:43,200 --> 00:01:47,720 Speaker 1: about how it might be unfair to discriminate against somebody 31 00:01:47,720 --> 00:01:50,760 Speaker 1: because of their sexual orientation. But she adheres to the 32 00:01:50,920 --> 00:01:55,920 Speaker 1: very strict definition, strict wording of Title seven that just 33 00:01:56,120 --> 00:01:59,400 Speaker 1: has the word sex in it. And she, like other 34 00:02:00,240 --> 00:02:06,240 Speaker 1: what you would call originalist or conservative conservative, non activist judges, 35 00:02:06,880 --> 00:02:12,639 Speaker 1: wants to have Congress expand the definitions of the law 36 00:02:12,680 --> 00:02:16,280 Speaker 1: and not have the judiciary be active and kind of 37 00:02:16,600 --> 00:02:20,720 Speaker 1: have this living understanding of what the law requires of us. 38 00:02:21,200 --> 00:02:23,839 Speaker 1: It's Early Lobell, a professor at the University of San 39 00:02:23,880 --> 00:02:26,960 Speaker 1: Diego and Michael sell Me, a professor at George Washington 40 00:02:27,080 --> 00:02:30,520 Speaker 1: University Law School, speaking at Bloomberg Law host Greg's store. 41 00:02:30,560 --> 00:02:32,960 Speaker 1: You can listen to Bloomberg Law weekdays at one pm 42 00:02:33,000 --> 00:02:36,440 Speaker 1: Wall Street Time here on Bloomberg Radio, and that's This 43 00:02:36,520 --> 00:02:38,760 Speaker 1: morning is Bloomberg Law Brief. You can find more legal 44 00:02:38,800 --> 00:02:41,519 Speaker 1: news at Bloomberg Law dot com and Bloomberg b n 45 00:02:41,639 --> 00:02:44,880 Speaker 1: A dot com. Attorneys will find exceptional legal research and 46 00:02:44,960 --> 00:02:48,280 Speaker 1: business development tools there as well. Visit Bloomberg Law dot 47 00:02:48,320 --> 00:02:51,480 Speaker 1: com and Bloomberg b and a dot com for more information.