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View Diary: ACLU scores big win for gay and lesbian veterans (35 comments)

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  •  Sweet! That is a big win (7+ / 0-)

    And it's incredibly just.

    I wonder if this could set a precedent for private employers who fire their LGBT employees. The bar would be much higher, of course, as companies usually don't say that's the reason. Discharges under DADT are pretty clear-cut. Private employers can just make shit up.

    Of course, the above assumes that ONE DAY the US will get its head out its ass and protect the rights of LGBT workers..... One day.

    P.S. I am not a crackpot.

    by BoiseBlue on Mon Jan 07, 2013 at 02:14:16 PM PST

    •  I don't think there is any potential (6+ / 0-)

      for precedent setting. For one, settlements are usually made to AVOID setting precedent.

      I haven't seen the settlement and we may not. It's possible DOD and ACLU agreed not to make it public.

      But if you could, it's likely it's a "nuisance" style payoff, as in: "We the DOD didn't do anything wrong, but here's some money so you drop the lawsuit and spares us both the nuisance of going to court."

      "The marriage fight is over when we say it's over, and it's over when we win."—Dan Savage

      by Scott Wooledge on Mon Jan 07, 2013 at 02:29:19 PM PST

      [ Parent ]

      •  I understand many lawsuit settlements are (3+ / 0-)
        Recommended by:
        skrekk, kyril, Glenn45

        confidential.  What I don't understand is how a government entity has the right to make a settlement confidential.  No state secrets there.  

        •  Excellent point. (2+ / 0-)
          Recommended by:
          gooderservice, kyril

          I hadn't contemplated, yes, there's a difference, and gov't settlement at the very least should be subject to a FOIA request, if not made public.

          I am not seeing on the ACLU's website that they have posted a PDF or any copy of the settlement. The details they have provided are in their press release, and in my diary.

          Still, to the original question, I doubt highly it has any real legal precedential value to apply to any other incidents of LGBT employment discrimination.

          "The marriage fight is over when we say it's over, and it's over when we win."—Dan Savage

          by Scott Wooledge on Mon Jan 07, 2013 at 03:14:05 PM PST

          [ Parent ]

    •  Probably can't be applied to private employers (0+ / 0-)

      If there is no contract between employer and employee, the employer is free to award or deny severance pay for any reason or none at all, as long as any reason is not based on the employee's membership in a protected classification (and in most jurisdictions, sexual orientation is not among the protected classifications).

      If there is a contract, the terms of the contract apply and enforcement is a matter of contract law, not discrimination law.

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