I’ve been getting a lot of Yes I Have Retirement Plan I Plan On Playing Pickleball Vintage Retro Shirt replies saying essentially. “Well, the employer could just put a checkbox on the application asking if the individual is homosexual or transgender and disqualify them that way without knowing their sex.” They could, but notice that in the dissent, the author writes, “. . . an employer can implement this policy without paying any attention to or even knowing the biological sex of gay, lesbian, and transgender applicants. How would this policy be implemented (in other words, enforced) without knowledge of sex? Because to identify her as transgender would be to assume her biological. The employer also cannot say. “You lied on your application, you are fired. Because to establish such a lie would also assume her biological sex and presented gender differ. The discriminatory policy would be unenforceable and therefore un-implementable.
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