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Pod Save the Separation of Powers

Strict Scrutiny

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Navigating Employment Discrimination Laws

This chapter explores the complexities of employment discrimination claims, specifically focusing on a case involving a straight individual claiming discrimination based on sexual orientation. It utilizes the McDonnell-Douglas framework to unpack the challenges of proving membership in a protected class and examines how judicial interpretations may be shifting. The discussion highlights legal nuances and broader implications for future discrimination cases, emphasizing the need for a more inclusive understanding of identity within the legal system.

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