U.S. Magistrate Judge Richard Bourgeois agreed and dismissed the lawsuit. His opinion, in part, stated, “It is unreasonable for [O’Daniel] to believe that discrimination based on her status as a married, heterosexual female constitutes discrimination on the basis of her sex. It is similarly unreasonable for [O’Daniel] to believe that discrimination based on sexual orientation constitutes protected activity…the court finds no basis for concluding that [she] engaged in protective activity and/or was reasonably concerned that she engaged in protective activity.”
Ultimately, what the court decided is that since LGBT individuals can be fired based on their sexuality, a heterosexual woman who posts something on social media for all to see (including her employer), it isn’t reverse discrimination for a company to decide that they do not want someone that they may believe doesn’t fit into their value system of acceptance and tolerance.
