January 16, 2013 - Texas Workforce Commission

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1 Okay? We would ask questions to find out, one, "What
2 did you do or say that you think made your employer
3 believe you are a lesbian?" Number one, and number two
4 "What did the employer do or say to make you believe
5 that the reason for your discharge was because you are
6 a lesbian?" And I can imagine a situation where the
7 individual would say, "I don't need to tell you that.
8 I'm telling you I'm a lesbian, and I'm protected
9 because I am a lesbian."
10 We would tell that individual we cannot
11 take the complaint on that basis. If the individual
12 insisted, we would take the complaint and dismiss it
13 because it is nonjurisdictional. If the individual
14 will not give us allegations that would allow us to
15 characterize the case as within stereotype because of
16 sex or gender and insisted that the complaint be taken
17 under the basis of sexual orientation, gender
18 identity, or expression, we would not take the
19 complaint. Or if the customer insisted, we would take
20 the complaint and dismiss it as nonjurisdictional.
21 CHAIRMAN ANDERSON: So, all those cases
22 are going -- all those type of cases -- and there are
23 not many based on what you're telling us -- would come
24 to you for a review and determination?
25 MR. BABIAK: If they were out of the