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 Post subject: Breitling in legal news
PostPosted: Tue Sep 11, 2018 4:40 am 
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"Law360 (September 10, 2018, 4:11 PM EDT) -- A gay watch salesman who complained that higher-ups at Breitling USA Inc. treated him like "one of the girls" and fired him for not fitting in with their "macho" culture had his case revived by the Second Circuit on Monday, with the court saying a recent precedent-setting ruling makes it clear the case shouldn't have been tossed.

The Second Circuit’s summary order reinstating Frederick Cargian’s case against his employer comes after oral argument during which the panel strongly suggested that it would side with the fired salesman, citing the circuit’s February ruling in Zarda v. Altitude Express. That decision, which the U.S. Supreme Court may review, said the ban on sex discrimination in Title VII of the Civil Rights Act also covered sexual orientation claims."

Good thing that they redecorated all of the boutiques....... :lingsrock:


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PostPosted: Tue Sep 11, 2018 6:25 am 
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termite wrote:
"Law360 (September 10, 2018, 4:11 PM EDT) -- A gay watch salesman who complained that higher-ups at Breitling USA Inc. treated him like "one of the girls" and fired him for not fitting in with their "macho" culture had his case revived by the Second Circuit on Monday, with the court saying a recent precedent-setting ruling makes it clear the case shouldn't have been tossed.

The Second Circuit’s summary order reinstating Frederick Cargian’s case against his employer comes after oral argument during which the panel strongly suggested that it would side with the fired salesman, citing the circuit’s February ruling in Zarda v. Altitude Express. That decision, which the U.S. Supreme Court may review, said the ban on sex discrimination in Title VII of the Civil Rights Act also covered sexual orientation claims."

Good thing that they redecorated all of the boutiques....... :lingsrock:


Sadly we live in a society where these things are automatically believed, ruled upon, then found to be horseshit a few months later. His perception based on his insecurities has no monetary value.

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PostPosted: Wed Oct 31, 2018 12:40 pm 
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peezie wrote:
Sadly we live in a society where these things are automatically believed, ruled upon, then found to be horseshit a few months later. His perception based on his insecurities has no monetary value.


You should read the District and Circuit Courts' opinions. The former recaps the facts underlying the legal claims against Breitling; they don't appear to be strong facts for a Title VII claim. They were insufficient to substantiate the sales rep's claim. The Circuit Court overturned the District Court because of a change in the law but, notably, it "express[ed] no opinion as to the proper resolution of Cargian's Title VII and state law claims on remand." In the end, the District court will reevaluate the case under the expanded law, but it will be stuck with the same facts.

Taken together, this all illustrates that neither court "automatically believed" the Plaintiff's legal claims or even "ruled upon" them in the plaintiff's favor.

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