Bloomberg Law
Jan. 4, 2019, 11:07 AM

Phillips 66 Won’t Wade Into LGBT Debate in Defense of Bias Claim

Robert Iafolla
Robert Iafolla

Phillips 66 is headed to a federal appeals court to defend itself against transgender discrimination claims, but the Texas-based energy company won’t argue that bias based on gender identity is legal.

Phillips 66 told the U.S. Court of Appeals for the Fifth Circuit that it can win without reaching that issue, so the court called on an outside lawyer to make the case that federal law doesn’t prohibit discrimination on the basis of gender identity. The court will hear oral argument on Jan. 8.

The company’s decision to fight allegations that it discriminated against a transgender job applicant without arguing ...

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