Title VII vs. Section 1557
The Title VII claims in the New York couple’s case are a “slam dunk,” said Susie Cirilli, a New York-based lawyer at Flaster Greenberg who specializes in sex discrimination, because the implementing regulations are so explicit on the subject. She pointed to language that says employers shouldn’t provide benefits for the wives and families of male employees that they wouldn’t provide for the husbands and families of female employees.
“Gender now means sexual orientation,” she said, referencing Bostock. “So you can just swap out male and female and put gay or straight or whatever. I think gender needs to get out of all these statutes because it’s just messing everybody up.”
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