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SPA RENTAL, LLC, dba MSI Aviation,
Petitioner,
v.
SOMERSET-PULASKI COUNTY AIRPORT BOARD; FEDERAL AVIATION ADMINISTRATION,
Respondents.
   No. 16-3989
On Petition for Review from the Federal Aviation Administration;
No. 16-13-02.
Argued: January 31, 2018
Decided and Filed: March 7, 2018
Before: SUHRHEINRICH, SUTTON, and BUSH, Circuit Judges.


_________________________
OPINION
_________________________

JOHN K. BUSH, Circuit Judge. This case raises the question of what constitutes “unjust discrimination,” and related issues, under certain “standard grant assurances” required of airport sponsors by 49 U.S.C. § 47101 et seq. and regulations promulgated thereunder by the Secretary of Transportation and implemented by the Federal Aviation Administration (“FAA”). SPA Rental, LLC (“SPA”), a limited fixed-base operator (“LFBO”) engaged in the business of refurbishing and reselling aircraft, petitions for review of an FAA ruling arising from a lease dispute regarding two hangars SPA occupies at the federally funded Lake Cumberland Regional Airport (“Airport”) in Kentucky. The Airport is operated by the Somerset-Pulaski County Airport Board (“Board”) and sponsored by Somerset County. SPA contends that the County, through the Board, is required to extend to SPA the same benefits given to non-party Somerset Regional Aviation, LLC (“Somerset”), an aircraft maintenance service provider, as part of Somerset’s lease at the Airport. The FAA disagreed. We affirm the FAA’s determination and deny SPA’s petition for review.



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EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff-Appellant,

AIMEE STEPHENS,
Intervenor,
v.
R.G. &. G.R. HARRIS FUNERAL HOMES, INC.,
Defendant-Appellee.
   No. 16-2424
Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 2:14-cv-13710—Sean F. Cox, District Judge.
Argued: October 4, 2017
Decided and Filed: March 7, 2018
Before: MOORE, WHITE, and DONALD, Circuit Judges.


_________________________
OPINION
_________________________

KAREN NELSON MOORE, Circuit Judge. Aimee Stephens (formerly known as Anthony Stephens) was born biologically male. While living and presenting as a man, she worked as a funeral director at R.G. & G.R. Harris Funeral Homes, Inc. (“the Funeral Home”), a closely held for-profit corporation that operates three funeral homes in Michigan. Stephens was terminated from the Funeral Home by its owner and operator, Thomas Rost, shortly after Stephens informed Rost that she intended to transition from male to female and would represent herself and dress as a woman while at work. Stephens filed a complaint with the Equal Employment Opportunity Commission (“EEOC”), which investigated Stephens’s allegations that she had been terminated as a result of unlawful sex discrimination. During the course of its investigation, the EEOC learned that the Funeral Home provided its male public-facing employees with clothing that complied with the company’s dress code while female publicfacing employees received no such allowance. The EEOC subsequently brought suit against the Funeral Home in which the EEOC charged the Funeral Home with violating Title VII of the Civil Rights Act of 1964 (“Title VII”) by (1) terminating Stephens’s employment on the basis of her transgender or transitioning status and her refusal to conform to sex-based stereotypes; and (2) administering a discriminatory-clothing-allowance policy.

The parties submitted dueling motions for summary judgment. The EEOC argued that it was entitled to judgment as a matter of law on both of its claims. For its part, the Funeral Home argued that it did not violate Title VII by requiring Stephens to comply with a sex-specific dress code that it asserts equally burdens male and female employees, and, in the alternative, that Title VII should not be enforced against the Funeral Home because requiring the Funeral Home to employ Stephens while she dresses and represents herself as a woman would constitute an unjustified substantial burden upon Rost’s (and thereby the Funeral Home’s) sincerely held religious beliefs, in violation of the Religious Freedom Restoration Act (“RFRA”). As to the EEOC’s discriminatory-clothing-allowance claim, the Funeral Home argued that Sixth Circuit case law precludes the EEOC from bringing this claim in a complaint that arose out of Stephens’s original charge of discrimination because the Funeral Home could not reasonably expect a clothing-allowance claim to emerge from an investigation into Stephens’s termination.

The district court granted summary judgment in favor of the Funeral Home on both claims. For the reasons set forth below, we hold that (1) the Funeral Home engaged in unlawful discrimination against Stephens on the basis of her sex; (2) the Funeral Home has not established that applying Title VII’s proscriptions against sex discrimination to the Funeral Home would substantially burden Rost’s religious exercise, and therefore the Funeral Home is not entitled to a defense under RFRA; (3) even if Rost’s religious exercise were substantially burdened, the EEOC has established that enforcing Title VII is the least restrictive means of furthering the government’s compelling interest in eradicating workplace discrimination against Stephens; and (4) the EEOC may bring a discriminatory-clothing-allowance claim in this case because such an investigation into the Funeral Home’s clothing-allowance policy was reasonably expected to grow out of the original charge of sex discrimination that Stephens submitted to the EEOC. Accordingly, we REVERSE the district court’s grant of summary judgment on both the unlawful-termination and discriminatory-clothing-allowance claims, GRANT summary judgment to the EEOC on its unlawful-termination claim, and REMAND the case to the district court for further proceedings consistent with this opinion.