Pitting UltraVires

[Lance_Turbo]

West Virginia’s dumbest lawyer on discrimination…

@UltraVires

Even a more extreme example. A male employee waives his erect penis at other employees in the common office area. Would I fire a biological woman for waiving her erect penis? I would not as it is a biological impossibility, therefore according to Gorsuch, if I changed the sexes, no action would have been taken, and sex was at least a part of it. Yes, the waiving of the erect penis was a larger part of it, but if ANY part of it is because of sex, it is actionable.

And again, it does no good to say that I would fire a woman for exposing her vagina in the common area, because as Gorsuch says, we cannot change different facts, and the level of discrimination we look at is to the individual employee. Far from being protected because I would fire both employees for exposing their genitals, I have double exposure for discriminating against the man in the first instance and the woman in the second.

There’s not getting it, and then there’s aggressively not getting it.