Judge Matthew Kacsmaryk, a federal judge in the Northern District of Texas, ruled on the EEOC's treatment of Title VII employment discrimination claims on gay and trans people.
If sexual orientation, gender identity aren’t a protected class, then you can legally not hire people for their sexual orientation and gender identity. E.g. you could completely, legally, not hire straight people and it would not be illegal discrimination because those categories are not considered illegal to discriminate against. It’s legal to discriminate on many things in hiring; you can discriminate against stupid people, people who show up late and unprepared, people who don’t have a degree (relevant or not for the most part), etc.
The point of Op you’re responding to, is that it would be completely legal to approach hiring like that in this legal dystopia.
If sexual orientation, gender identity aren’t a protected class, then you can legally not hire people for their sexual orientation and gender identity. E.g. you could completely, legally, not hire straight people and it would not be illegal discrimination because those categories are not considered illegal to discriminate against. It’s legal to discriminate on many things in hiring; you can discriminate against stupid people, people who show up late and unprepared, people who don’t have a degree (relevant or not for the most part), etc.
The point of Op you’re responding to, is that it would be completely legal to approach hiring like that in this legal dystopia.