Or at least that is the position taken by Prof. Joanna Grossman of Hofstra University in a
Findlaw article. The case is
Salazar v. Diversified Paratransit, Inc., decided by an intermediate appellate court on 10/30/02. The court based its decision on a statutory interpretation of the California FEHA. Without trying to discern the niceties of the California statute vs. Title VII, I think Professor Grossman has a point on the overall policy issue.
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Nice comment !