I don’t think Title VII protects you from being a jerk.
— Judge Catharina Haynes of the Fifth Circuit, in comments made during a hearing where a three-judge panel of the appellate court was considering the claims of Bonnie O’Daniel, a heterosexual woman who alleged that she was discriminated against on the basis of her sexual orientation after she was fired over a Facebook post that belittled a transgender individual. Judge Haynes went on to say, “I’m pushing back against the notion that a company has to keep people, in the age of Twitter shaming, and people not doing business at companies they feel are racist, sexist, anti-LGBT, et cetera, that somebody has to keep on their payroll someone espousing those views.”
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Staci Zaretsky is a senior editor at Above the Law, where she’s worked since 2011. She’d love to hear from you, so please feel free to email her with any tips, questions, comments, or critiques. You can follow her on Twitter or connect with her on LinkedIn.