In 2001, the Third Circuit Court of Appeals decided Bibby v. Philadelphia Coca Cola Bottling Co. In Bibby, the Third Circuit could not have been clearer about whether federal anti-discrimination law made LGBT bias at work unlawful.
“Title VII does not prohibit discrimination based on sexual orientation. Congress has repeatedly rejected legislation that would have extended Title VII to cover sexual orientation.”
That’s binding precedent on all lower federal courts in Pennsylvania.
Except, on Friday, Judge Cathy Bissoon from the United States District Court for the Western District of Pennsylvania concluded EEOC v. Scott Medical (opinion here) that Bibby is questionable, outdated jurisprudence.
After consuming a protein shake or two from a red Solo cup during my family’s Halloween escapades, I retired to the bloggerdome to visit the EEOC’s website. Halloween or not, I have the coolest Monday night routine in all of Cherry Hill, NJ. Oh, heck, probably in the whole state.
Because I’m good enough, I’m smart enough, and doggone it, people like me.
At halftime of my seven-year-old’s soccer game, I was perusing my slow weekend RSS feed. Of the seven Feedly items, one stood out: a “news” from Deadspin (NSFW) about a fan who hit the five yard line with a phallus toss (video is NSFW) during the third quarter of the National Football League between the Buffalo Bills and the New England Patriots. Here’s another angle. (Still NSFW).
And, it got me thinking…
This could make for a good HR compliance lesson. Trust me.