March 1, 2018

Listen to the Episode

From The Official Website:

In this rapid-response episode, Thomas and Andrew discuss the 2nd Circuit Court of Appeals’ en banc decision in Zarda v. Altitude Express, ruling that Title VII of the Civil Rights Act of 1964’s ban on discrimination on the basis of sex applies to sexual orientation as well. This is a follow-up to our prior discussions of this issue back in Episode 60 and Episode 91.

In the initial segment, Andrew tackles a question from Twitter about the James Damore lawsuit and employment law in general after our most recent coverage in Episode 150.

After the main discussion of Zarda, the guys discuss some of the fallout from the Parkland shooting, including decisions by Dick’s Sporting Goods and Wal-Mart to cease certain kinds of gun sales. Is this inappropriate age discrimination? Listen and find out!

Finally, we end with an all-new TTTBE #65 about vegan criminal law. You won’t want to miss it! Remember that you can play along with #TTTBE by retweeting our episode on Twitter or sharing it on Facebook along with your guess. We’ll release the answer on next Tuesday’s episode along with our favorite entry!

Show Notes & Links

  1. We discussed Hively v. Ivy Tech Community College of Indiana back in Episode 60, and we discussed the panel decision in Zarda v. Altitude Express in Episode 91.
  2. You can read the en banc decision of the Second Circuit in Zarda by clicking here.
  3. In the “C” segment, the case discussed regarding Ladies’ Night is Koire v. Metro Car Wash, 707 P.2d 195 (Cal. 1985).

Law Talkin' Stuff

It's in the Constitution
Law Court Thingies
Magic Law Words





  • [00:00:00] Intro
  • [00:04:35] Listener Questions: Doesn't every employee already have the ability to sue their employer for wrongful termination?
    • [00:13:50] Right of wrongful termination only applies in the following circumstances
    • [00:15:00] How it was put into practice be the Civil Right Act
    • [00:23:15] Cost of adding political opinions as a protected class
  • [00:28:40] Main Segment: Zarda v. Altitude Express, Inc
    • [00:32:50] Flowman and Ripple concurrence
    • [00:35:50] Facts of the case
    • [00:41:15] Three arguments the case makes
  • [00:52:35] C Segment: Delta severs relationship with the NRA
    • [00:56:00] Is what Lt. Governor Casey Cagle said illegal?
    • [01:00:25] Dick’s Sporting Goods and Walmart to cease selling firearms to people under 21
    • [01:06:50] What they say in Koire v. Metro Car Wash
  • [01:14:22] Patron Hall of Fame
  • [01:17:50] Thomas Takes the Bar Exam: A vegan poisoning meat, resulting in killing someone (question)
  • [01:23:20] Outro