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“I don’t think Title VII protects you from being a jerk,” a judge said of the ruling. (Photo: Mike Scarcella / ALM)

A federal appeals panel expressed skepticism Wednesday that a heterosexual woman should be allowed to bring claims of sexual orientation discrimination after she was fired over a Facebook post that disparaged a transgender individual.

The three-judge panel of the U.S. Court of Appeals for the Fifth Circuit considered claims from a Louisiana woman, Bonnie O’Daniel, who argued that her supervisor, who is gay, unlawfully retaliated against her because she is heterosexual. O’Daniel lost her case in Louisiana federal district court.

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