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Notes -
Accepting (2) here is really wild. For one, it's quite hypothetical -- perhaps such discrimination never even occurs. Or perhaps it occurs and some lower-level management handles it appropriately. Or perhaps it occurs and Mr Eich recuses himself from the response and delegates it to his COO or other suitable entity. There are a half dozen ways that any putative animus need not have any impact on gay employees at all.
And even if it does come to Mr Eich to decide on the response (for whatever reason the CEO really handling such mundane personnel decisions), it's hypothetical that he would not conclude that he had to set his animus aside and decide on the merits. Either for his own ethical sense or at the advice of counsel.
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