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Firing a New York Yankee fan? - Gorsuch (Original Post) question everything Jun 2020 OP
Every knows it's Mets fans they'd ban. LakeArenal Jun 2020 #1
I smell a Red Sox fan. JHB Jun 2020 #2
He used them in an example Princess Turandot Jun 2020 #3
Thank you. Yes, I figured it was an example but could not see it question everything Jun 2020 #4

Princess Turandot

(4,787 posts)
3. He used them in an example
Sat Jun 20, 2020, 02:44 PM
Jun 2020

..which seems straightforward. If you're asking why he decided to use a baseball team in the example, rather than something more severe sounding, I believe that it's a bit of whimsy. They do this from time to time. As it happens, Sonia Sotomayor, a daughter of the Bronx, is a very ardent Yankee fan, so it might have been directed at her. (When the Yankees visited PBO after winning the 2009 World Series, they made an additional stop at the courthouse, in order to show her the trophy in person.)

In one of his latter opinions, Scalia referred to Elizabeth Bennet in an example. Kagan has referenced SpiderMan.

https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf
Nor does it matter that, when an employer treats one employee worse because of that individual’s sex, other factors may contribute to the decision. Consider an employer with a policy of firing any woman he discovers to be a Yankees fan. Carrying out that rule because an employee is a woman and a fan of the Yankees is a firing “because of sex” if the employer would have tolerated the same allegiance in a male employee. Likewise here.

When an employer fires an employee because she is homo-sexual or transgender, two causal factors may be in play— both the individual’s sex and something else (the sex to which the individual is attracted or with which the individual identifies). But Title VII doesn’t care. If an employer would not have discharged an employee but for that individual’s sex, the statute’s causation standard is met, and liability may attach.

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