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Claim Based on Health Plan's Failure to Cover Same-Gender Spouse Survives under Title VII as Gender Discrimination Claim
Practical Law Company Link to more items from this source
Oct. 1, 2014
"The district court found that BNSF's reading of Hall's claim as one of sexual orientation discrimination ignores the plain language of the Amended Complaint and improperly restricts the class of employees affected by the policy at issue in which Hall is a member. A careful reading of the Amended Complaint, construed in favor of Hall as the non-moving party, demonstrates that Hall alleges disparate treatment based on his [gender] ... specifically that he (as a male who married a male) was treated differently to his female coworkers who also married males." [Hall v. BNSF Railway Company, No. C13-2160 RSM (W.D. Wash. Sept. 22, 2014)]

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