Articles Discussing Case:
FordHarrison LLP • April 26, 2017
Executive Summary: In a landmark decision overruling decades of precedent, the Seventh Circuit en banc declared that sexual orientation discrimination violates Title VII in Hively v. Ivy Tech Community College. This comes as the first decision of its kind. The Seventh Circuit’s decision was followed by a Second Circuit panel decision days later in Zarda v. Altitude Express reaffirming its recent holding in Christiansen v. Omnicom that the long-held view that sexual orientation is not considered to be a protected class under Title VII remains good law. It is now unquestionable that the Circuits have split on the matter.
Jackson Lewis P.C. • April 06, 2017
Observing that it would require “considerable calisthenics” to remove “sex” from “sexual orientation,” the U.S. Court of Appeals for the Seventh Circuit, in Chicago, has ruled that “discrimination on the basis of sexual orientation is a form of sex discrimination” and unlawful under Title VII of the Civil Rights Act of 1964.
Littler Mendelson, P.C. • April 06, 2017
On April 4, 2017, the U.S. Court of Appeals for the Seventh Circuit held in Hively v. Ivy Tech Community College of Indiana that discrimination on the basis of sexual orientation is a form of sex discrimination under Title VII of the Civil Rights Act of 1964. This is the first time a federal appellate court has so held.
Ogletree Deakins • April 06, 2017
On April 4, 2017, the Seventh Circuit Court of Appeals issued its highly anticipated en banc decision in Hively v. Ivy Tech Community College of Indiana, making the Seventh Circuit the first federal appellate court to find that sexual orientation is encompassed in Title VII of the Civil Right Act of 1964’s definition of sex.
Fisher Phillips • April 05, 2017
Late yesterday, the 7th Circuit Court of Appeals became the first federal court of appeals in the nation to rule that sexual orientation claims are actionable under Title VII. In a full panel en banc decision, the court opened the door for LGBT plaintiffs to use Title VII to seek relief for allegations of employment discrimination and retaliation.
FordHarrison LLP • October 21, 2016
Executive Summary: Title VII of the Civil Rights Act of 1964 does not specifically include sexual orientation as one of its protected traits. In July 2015, the Equal Employment Opportunity Commission (EEOC) for the first time took the position that Title VII protects federal employees from sexual orientation discrimination in the workplace. However, courts have considered this non-binding precedent, instead maintaining that sex-based discrimination does not include sexual orientation – but that could soon change. On October 11, 2016, in Hively v. Ivy Tech Community College, South Bend, the Seventh Circuit vacated its own prior ruling that sexual orientation is not protected by Title VII, and granted a motion to have all of the sitting Seventh Circuit judges consider the issue. LGBTQ advocates, Human Resources professionals and employment lawyers should take note and keep their eye on this emerging area of the law.
Ogletree Deakins • August 26, 2016
Bound by its own precedent, the Seventh Circuit Court of Appeals again held that Title VII of the Civil Rights Act of 1964 does not redress sexual orientation discrimination in Hively v. Ivy Tech Community College, (7th Cir. July 28, 2016). The opinion could have ended there, and perhaps it would have, if penned by any other judge. Instead, Judge Rovner, writing for the panel, made a case for the Supreme Court of the United States to review the Seventh Circuit’s decision in Hively:
Jackson Lewis P.C. • August 08, 2016
The anti-discrimination protections under Title VII of the Civil Rights Act do not encompass workplace discrimination on the basis of sexual orientation, the U.S. Court of Appeals for the Seventh Circuit, in Chicago, has held. Hively v. Ivy Tech Community College, No. 15-1720 (7th Cir. July 28, 2016) (an Order Correcting Opinion was issued on Aug. 3, 2016).
Franczek Radelet P.C • August 03, 2016
On Thursday, the United States Court of Appeals for the Seventh Circuit re-affirmed prior court holdings that Title VII of the Civil Rights Act does not prohibit discrimination based on sexual orientation, but in so doing pointedly criticized the current state of the law. In Hively v. Ivy Tech Community College, the court held that absent a Supreme Court opinion or new legislation broadening the protection of Title VII, it was constrained to hold that Title VII did not prohibit sexual orientation discrimination, yet went on to note that “[i]t seems unlikely that our society can continue to condone a legal structure in which employees can be fired, harassed, demeaned, singled out for undesirable tasks, paid lower wages, demoted, passed over for promotions, and otherwise discriminated against solely based on who they date, love, or marry.”