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January 16, 2013 - Texas Workforce Commission

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97<br />

1 ordinary. And by out of the -- by out of the<br />

2 ordinary, what I've explained to the Employment<br />

3 Manager is that if the employer cannot prove a<br />

4 nondiscriminatory reason, bring the case to me.<br />

5 CHAIRMAN ANDERSON: Well -- and,<br />

6 similarly, the -- the example you gave about the<br />

7 lesbian, will that -- will that case come to you,<br />

8 also, that -- that intake come to you?<br />

9 MR. BABIAK: We haven't expressly<br />

10 discussed that. I know that the Employment Manager<br />

11 knows, understands what is stereotyping because of sex<br />

12 or gender. She knows that sexual orientation, gender<br />

13 identity, or expression, those are nonjurisdictional.<br />

14 But I can have that discussion with her.<br />

15 CHAIRMAN ANDERSON: Okay. It's -- any<br />

<strong>16</strong> additional questions for Mr. Babiak concerning this --<br />

17 this particular legal issue, I guess?<br />

18 (No response)<br />

19 CHAIRMAN ANDERSON: Seeing none, the<br />

20 action items that were on the list, Becky, for today,<br />

21 the three -- the first three dealing with the budget<br />

22 will go to the 17th.<br />

23 Did we talk about the number of<br />

24 personnel policy procedural reviews conducted for<br />

25 2012?

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