There is an interesting new filing out of Washington state where a nonbinary flight attendant, Justin Wetherell, is suing Alaska Airlines. Wetherell alleges the airline’s uniform and presentation requirements discriminate against nonbinary and gender-fluid employees.
Wetherell, who uses the pronouns they, them, and their, is proceeding under the Washington Law Against Discrimination, which prohibits discrimination against employees based on their sexual orientation, including “gender expression or identity.” The complaint states:
“Justin’s gender expression is fluid, meaning that Justin’s external manifestations of gender are not exclusively masculine or feminine. Consistent with their gender identity and gender expression, Justin dresses and grooms in a manner that is not associated with traditional, rigid male or female dress or grooming standards. For example, Justin maintains facial hair, has long hair, wears makeup, and dresses in a manner not typical of the gender binary.”
The airline’s uniform conditions are similar to other companies and detail “masculine” or “feminine” standards including presentation of hair, jewelry, and makeup.
Wetherell requested accommodations, such as being able to wear heels that mix “male” and “female” uniforms. That request was denied by the Alaska Airlines. The airline recently allowed more flexibility including greater leeway on hair styles, tattoos, and piercings.
Wetherell first filed a complaint with the Washington Human Rights Commission in 2020. According to the ACLU (which is representing Wetherell), the commission “uncovered evidence to support Justin’s claims” and that there was “adverse employment action of being required to dress and groom in a manner that is not consistent with [Justin’s] gender identity and gender expression.’”
The Virgin Atlantic just issued new gender neutral uniform policies.
You can read the complaint here.
If a neo-NAZI walks into a Jewish bakery and demands a cake with swastikas, the Jewish baker has a right to refuse. Makes sense, right?
And if a gay man walks into a Christian bakery, he can order whatever is on the shelf, and the Christian must serve him because… the gay man is not asking the baker to serve anything other than what the baker would normally serve. Also makes sense, right?
But if a gay man looking for lawsuit demands a CUSTOMIZED cake that disputes Christian teachings, then the Christian baker–like the Jewish baker–has the right of refusal. What’s so difficult about that?
Finally, if Christians go into Metzger Bar and Butchery and order the same things that might be ordered by anybody else, and Metzgers kicks them out only because they are Christians, that is evil. That is the corruption of wokism in small, twisted minds. That is pure and simple bigotry.
I hope Metzger gets sued, and they would lose. In any event, I won’t dine there because I don’t want them spitting in my salad.
As for Wetherell and American Airlines, I suspect no matter what concessions the airline makes, some gender-confused lunatic will up the demands. There is no limit here, and this isn’t about acceptance. It’s about dominance.
I hearby ‘identify’ as a Silverback Mountain Gorilla. Any objections when i wear my gorilla outfitto work as a flight attendant? Any objections??
Does anyone know the exact date when it was decided the inmates should run the asylums?
1-21-2009!
😊
Professor Turley,
You didn’t review the initial analysis of this dispute/
Harris Funeral Homes Inc. v. EEOC (2020) – A company cannot fire an employee on the basis of the employee’s transgender status. Gorsuch wrote the 6-3 opinion. Transgender status is a basis for Title VII discrimination.
This case will thus apply the discussion in Jespersen v. Harrah’s Operating Co (9th Cir.), in which the Court weighed whether a requirement that women (but not men) wear makeup was motivated by gender-based stereotyping and was therefore a Title VII violation.
This case seems to have good facts to argue that, yes, gender-based stereotyping is the motivation of Alaska Airlines here. The fact that the employee offered non-stereotypical alternatives that were approved by Alaska for men or for women is sufficient evidence of this. No accommodations appear to have been made. If so, I think therefore the employee has a decent argument to make.
So how many accommodating are you willing to make. Once you start accommodating all this foolishness where does it end? If I am a non-binary animal spirit type of person and believe I have a long tail, and wear a long tail, but the uniform has no opening to accommodate my tail; does this mean I would have a case too? At this point there is no limit to this pit of deviated beliefs, it is an endless hole of utter nonsense, confused individuals, and those seeking attention because of esteem issues.
Tell me. Where is the end? What Line are you willing to draw? Or does it matter in law? Anything must be accommodated, is that your stance?
“Anything must be accommodated, is that your stance?” To be fair, they’ve never hidden ‘their’ stance. It’s never been anything more than ‘what can I get away with until you can’t take anymore?’, smirking and laughing along the way. But since the ‘gated’ among us never have to deal with these narcissists in their own communities, there will never be agreement on what’s “too far” on their part. It’s too bad, too. Seriously. One day they’ll push the wrong person’s buttons, take things literally, too far, and find themselves in the hospital wondering “why?” Worse yet, they’ll never recognize their own actions led to being there and that it most certainly COULD have been avoided. It’ll always be someone else’s fault.
“If you don’t stand for something you will fall for anything.”
– Gordon A. Eadie, 1945
____________________
You fell for the abomination and corruption of the language in the Year of Our Lord, 2022.
You fell for the corruption of the Constitution by “Crazy Abe” Lincoln in 1860.
You fell for the corruption of population integrity in 1863.
You fell for the corruption of the Bill of Rights in 1865.
You fell for the corruption of freedom, free enterprise and constitutional ideology during Wilson, Roosevelt, Johnson and Obama.
You have fallen for anything; you have fallen for the “dictatorship of the proletariat.”
You should have advocated in freedom for constitutional rights, freedoms, privileges and immunities.
You should have supported the dominion of constitutional freedom, including its outcomes.
When is a flight attendant going to try to sue a customer for not using their preferred pronoun?
You know it is coming.
Could we see woke companies and non-woke companies in the near future? Be interesting to see which ones succeed and which one fail.
I’m betting on the ones who aren’t asleep.
Haha the pilot calls for security because the passenger didn’t use the correct pronouns.
This “fashion lawlessness” probably started in the 1930’s.
In the 1930’s the “Men’s Movement” apparently revolted against the “non-topless” ban on public beaches. Men had to cover-up their top parts and apparently wanted a more liberal fashion rules.
Men would not mind at all if women were treated equally and allowed to go topless too.
These companies need to tell people like Justin Wetherell, that they seem to have a mental heath problem & that the company is a for profit Airline biz. That they should see a Doc about their medical issues.
Further if a State or Fed Gov attempts to force acceptance of playing along with their Insanity Scam just say no & don’t do biz there. Yes, that means Shutting Down the Airline Biz or not doing Biz with those companies that also have went Nuts.
Now in case the Retards in US Govt, Execs, ect., are to Stupid to Pat Attention, word is Idiots like Victory Nuland , John Bolton, etc have been using Fake US/NATO Counties Transponders on missiles being sent into Russia.
I’m more concerned now that Russia won’t know it’s a Passenger Jet ot Not when they are Forced to React to a US/Nato Provoked Attack on Russia.
https://www.infowars.com/posts/prepare-the-nwo-wants-nuclear-annihilation/
d if that’s not enough there’s the “Died Suddenly” & other mRNA (vaxxes? Not) Deaths & Injuries if your concerned about your families own health.
Conservatives are still distraught over former Republican Hillary Clinton’s “Pant Suit”. Apparently women should only wear long dresses with long sleeves. She’s the one that won 3 million more votes than Trump did – remember Hillary?
No one was distraught over the pant suit.
I seem to recall it was the source for more than a few jokes.
I think an orange jump suit is next!
Who cares about either of them? So sick and tired of hearing about 2016 when they disputed the election results, but decided to persecute anyone who questioned the weird and wacky 2020 results. In any case, I don’t recall a single Republican that I know who exhibited any distress over Hilary’s fashion nonsense attire. But of course, heads exploded on the Left about Melania’s beautiful clothes, but that’s acceptable.
I remember Barrack Obama and Donald Trump both beat her in her attempts to become President….and I am sure she shall not ever be President.
How does that work for you?
You can put lipstick on her but she remains what she is…..a very bitter two time Loser.
And she is still an election denier.
“You can run the best campaign, you can even become the nominee, and you can have the election stolen from you,”
-Hillary Clinton, 5 May 2019
Biden and the National Socialist Democrat WOKE Party are just better at stealing elections.
You need a civics class.
Yes, and she still lost!
Maybe a “Scottish Kilt” would solve the problem?
Turley is really reaching low today to stir the culture wars pot. Should anyone really care whether their flight attendant sports a beard, wears earrings and heels so long as they are competent in their job duties? All part of the attacks against “Dems, Libs and the Left”, implying that they are undermining “real American values” by allowing everyone to be free to express themselves in their appearance. Just another deflection away from Judge Cannon getting benchslapped a couple of days ago and forced to issue an order that she had no jurisdiction to appoint a special master and that Trump’s phony lawsuit over the seizure of the documents he stole had to be dismissed because it had no legal foundation. A former POTUS who stole classified documents and then filed a frivolous lawsuit in court other than the one that issued the search warrant, in order to attack the NARA and DOJ after lying about returning the documents is an important legal issue, so why does Turley ignore it in order to whine about a flight attendant who feels they have been discriminated against because of gender fluidity? And a secondary reason: to attack the ACLU. I point out these things in keeping with the theme that Turley is not a neutral observer of the legal/political scene, but just another paid Fox pundit who cherry-picks culture war stories in keeping with the Fox agenda of attacking Democrats and liberals.
“Turrley is really reaching low today to stir the culture wars pot. Should anyone really care whether their flight attendant sports a beard, wears earrings and heels so long as they are competent in their job duties?”
Yes, if it is a public company, and it significantly and negatively affects profits, the company, and possibly the board members, can be sued. They have a fiduciary responsibility to the stock holders.
The brain dead lefties that have ruined our economy know nothing about these things.
Do you have data on Alaska Airlines’ profits and their relationship to its traditional clothing policies?
There is a difference between the request made by this employee, and a request by an employee to, say, wearing a T-Shirt that states. “THIS PLANE WILL CRASH.”
Hooters justifies its hiring practices by appealing to the reason customers go to their restaurants. Alaska Airlines cannot make the same argument.
“Do you have data on Alaska Airlines’ profits”
If you weren’t a brain dead lefty you wouldn’t be asking this question. That is an educated guess made by the executives of the airline. No one else needs to make that judgement for them.
Deleted by ATS: “The brain dead lefties that have ruined our economy know nothing about these things.”
Sure. It’s always someone else’s fault.
It’s always best to take a good hard look in the mirror before blaming others.
===
Someone must have stolen ATS’s mirror
@Gigi
Gigi reaches low every day. Try looking *up* now and again, and find a better hobby than trolling this blog because you have nothing better to do. Most of us just scroll through your stuff, anyway. No. I didn’t not read your post beyond the first line, because I am not a masochist and have limited time. Doubt your therapist would approve of your behavior. That dang, evil, Jonathan Turley. 🙄 At this point, I actually DO wish a grip on reality was something you could buy in a store or get from a doctor. Since it isn’t, I will emulate others here today:
Gigi is a troll, as is ‘bad’ Anonymous, as is Svelaz, as is Justice Holmes, as are a couple of others, and Gigi is likely the same troll, Natacha, under a different name, that has haunted this blog for years. You can safely ignore her altogether and not miss a thing, she offers nothing considerable to the conversation, just extraordinarily verbose temper tantrums.
I believe the term “uniform” has a specific meaning, which is not “fluid” according to the whim of the employee. Regarding Turley, he is a liberal with a conscience…rare these days.
One more rarity would be Alan Dershowitz. A big liberal but seems to be fair.
There are alot of others, and their numbers are growing.
Matt Taibbi, Glenn Greenwald, Bari Weiss,
Dave Rubin,
Tulsi Gabbard,
Ro Kahana has come out strongly in favor of free speech.
I do not care where you are politically – if you are making your case through arguments, not by silencing those you disagree with – we will all muddle through – even if you are wrong.
John T Byrd,
I would say a liberal not only with a conscience but common sense.
@John T Byrd Professor Turley is a Classic Liberal and not a Progressive Marxist Liberal as I’m sure you know. Some people don’t understand the difference.
Please do not call those on the left liberals.
Turley is mostly a liberal.
The modern left is illiberal.
liberal – someone who prizes individual liberty
He’s pretty much the only one on the Left who has integrity and calls out nonsense.
Some how you managed to bring Trump into the equation. TDS is alive and well.
Yes, people in many fields wear uniforms so that we can identify them. There are also rules beyond uniforms because they need to optimally and safely perform a job.
Regardless, Jobs come with rules.
If you do not like the rules – work elsewhere.
There is no right to work for a specific employer.
John Say,
That is just it, rules are for everyone but them.
They expect everyone else to bend to fit their insanity.
I am self employed. I have been self employed or very close to it most of my life.
I am not good at following arbitrary rules.
If I am going to “do my own thing” – then I can not be employed by someone else.
Of course my clients expect that I will meet their needs – sometimes their way.
Either I do as they wish or I do not work for them.
I have others that work for me. They will do as I ask and as I pay them, or they will not work for me.
I try to give people who work for me as much autonomy as possible – but it is not always possible.
Further sometimes that is not in their abilities.
If you want freedom – you must deliver.
Ultimately I am personally and legally responsible for everything produced by my office.
If I give those who work for me autonomy – and they fail – that is my failure.
If I dictate what they do, and that does not work – that is my failure.
It is the 11th appeals ct that does not have jurisdiction.
Regardless, you are more interested in “getting Trump” than the consequences of this ruling.
The 11th has just said that NO ONE has the right to go to court to protect their 4th amendment rights.
I would note this is OBVIOUSLY stupid, and has actually been dealt with in other contexts.
If the police get a warrant and confiscate your car or boat – and never files charges, according to the 11th you must wait until they charge you criminally to challenge the confiscation of property.
I would note this ruling goes beyond warrants.
In fact the 11th appeals decision is so broad it permits 5th amendment violations.
Contra the decision – Cannon was not “carving out” something special for Trump or Ex Presidents.
She was conducting Article III Judicial review of a claim that 4th amendment rights were violated.
The process is no different than any other claim that government has violated your rights.
But then you are a fascist.
“Everything in the state, nothing outside the state, nothing against the state”
Benito Mussolini
But “Orange man bad” so we have to toss the constitution.
When I was young Gay meant Happy, Queer was something different, Fag was a cigarette, They was a group, Them was group past tense of They, Those referenced they and them, Cross dressing was for Varity shows, and Male and Female were defined by biology not some nonsense of feelings. Speaking of feelings today 50 is 30, and adolescence is where They, Them and Those reside. As my father used to tell me, the World does not revolve around you ‘BOY’, grow up.
Base non-discrimination laws only on immutable characteristics. Just because an individual doesn’t “identify” as the vessel they were born as doesn’t mean everyone else should have to play along.
“Non-discrimination laws” are unconstitutional denials of the natural and God-given freedoms of cognition, vision, perception, speech, thought, opinion, enjoyment, etc.
How will government mitigate for short people, tall people, obese people, thin people, unattractive people, etc. (God bless them all)?
Please cite the Constitution for that mitigation?
How many rights, freedoms, privileges and immunities will be voided and nullified to defer to and mollify particular individuals and groups at their behest?
Shall the government dictate whom citizens “love” and marry in 100 years?
Will miscegenation be compulsory?
Will there be compulsory gene editing to eliminate and expunge the human brain’s ability to perceive and differentiate, to distinguish, to discriminate.
At some point, people must adapt to the reality of themselves and to the outcomes of freedom, understanding that freedom does not adapt to people but dictatorship does.
“Non-discrimination” is the dictatorship of the communist principle of social engineering and there can be no end to its deleterious effects.
_____________________________________________________________________________________________________________
Merriam-Webster
discriminate
verb
dis·crim·i·nate di-ˈskri-mə-ˌnāt
discriminated; discriminating
transitive verb
1 a : to mark or perceive the distinguishing or peculiar features of
b : distinguish, differentiate
2 : to distinguish by discerning or exposing differences : to recognize or identify as separate and distinct
Thanks, George. Good one.
Wow. These comments are despicable.
Isn’t the First Amendment great!
Yep, it was until the Liberals placed it into abeyance never to be resurrected.
So sad! Free speech for thee but not for thee.
Enough!!!! If you do not want to comply with the company dress code, look for another job!!!!! No one is holding the employee hostage.
I guess the Muslims were first on the case again. Ay back before the gender controversy, a large cloth was draped over the heads of “those who shall not be honored”, then cut out a coupe of eye holes and POOF! A unisex garment for anyone who feels they need one. No one outside “the union of martial bliss” will be the wiser.
I think you meant “marital” but you were accidentally correct!
It was an insult to gay Americans yesterday when Biden and his moronic staff had Trans folks at the Right to Marry signing. The trans community is crushing the gains that gays have made over the last decade or so and it is about time that the gay community shut these freaks up already.
If all effeminate boys were turned into girls there would be no more gay men walking around. If all the girls that are masculine were surgically attacked by the activists and the greedy doctors and hospitals there would be no more lesbians walking around.
To hullbobby. Totally agree. It’s made the gains for the gay community a travesty. Mr. Biden does not even understand the difference and there is a major difference. They (meaning more than 1) are 2 entirely different communities and are at odds. I have certainly heard many gays who feel the trans community is to be avoided if not condemned outright. The inmates are trying to set the rules and run the asylum. Well said about greedy doctors and hospitals.
Yes, hullbobby, you are absolutely correct. Punishing people who speak out against mutilating surgeries of children and adolescents–and the doctors who refuse to do them–has turned many Americans against the entire LGBTQetc advocacy.
The logical conclusion of this madness we are forced to accept as normal behavior.
Manuel Lopez, Right you are. The casual and gradual efforts to “normalize” deviant behaviours -and then criminalize resistance or rejection of same.
Ah the good old days of Piedmont Airlines where they had Stewards and Stewardesses and never the twain shall meet.
The all were professional and peace reigned…..each with a distinctive uniform….one with trousers and one with skirts.
Life was simple then…..do your job when working and live your life when not.
So now we see what happens when folks that cannot figure out who they are try to dictate to others who can.
If you want to be opposite what you are then fully embrace that which belongs and get on with your job.
The Company Uniform does not have to conform to your confused thinking….rather you have to conform to your employer’s standards for attire….that they provide.
You represent your employer….the company uniform is part of the Terms and Conditions for your employment.
Conform or be gone. Perform or Be Gone!
The Company can easily handle this….provide an array of choices of Uniform and allow the employee to chose which they wish to wear.
If your size twelve 4E feet do not fit in the spike heels or your butt looks big in that skirt….that is not their problem.
RE:’Ah the good old days of Piedmont Airlines.’Saturday Night Live” opened the door to popular culture with ‘Pat’ and now the dog is satisfied to be wagged by the tail. Them ‘good old days’ have been supplanted by ‘now-a-daze’. When urinating on a light pole is deemed beneficial to the public good, the sky is not the limit. So it now seems. Future human extraterrestrial exploration will have to be termed ‘crewed’ in that ‘manned’ will be disallowed as being static, not fluid.
“. . .they had Stewards and Stewardesses and never the twain shall meet.” Except in the hotel when there was enough time between flights.
I still miss TWA. Never treated better during the Vietnam War/Era by any other airline when in uniform.
In a few years, every woke company will be issuing a gray, very loosely fitting, non-offensive, neutral, sweat/jogging suit for their uniform.
No sarc implied.
That is how insane the leftists have become.
Similar to what the Chinese do in their concentration camps and prisoner factories.
Once the woke companies gave a finger, they gave up their hands to the disgraceful them, their and they people.
Upsate – but hasn’t that been the case in many Arab countries for years? Doesn’t the Saudi guy who ordered the murder at the ambassador’s residence wear a white robe?
Are you trying to compare a societies culture and their historical clothing to some individual who is suing a company for discrimination of nonbinary gender-fluid employees over the company uniform?