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Discrimination claims are a growth industry. In this sense: We are in the midst of three trends of varying significance that protects additional employees from job decisions made on the basis of their membership in a particular class of works. Increasingly employees are protected on the basis of their sexual orientation or identity, their off-duty conduct, and their having invoked their rights under an employment statute (i.e. retaliation claims). Each of these trends is discussed briefly below.

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