Federal Appeals Court Rules Sexual Orientation Is a Protected Characteristic Under Title VII
By Theresa Sprain, Patricia Heyen, and John E. Pueschel In a significant decision that expands the rights of employees, the U.S. Court of Appeals for the Seventh Circuit ruled on April 4, 2017 that discrimination on the basis of sexual orientation is a form of sex discrimination under Title VII of the Civil Rights Act of 1964. Kimberly Hively v. Ivy Tech Community College , No. 15-1720 (7th Cir. April 4, 2017). The Seventh Circuit is the highest court in the United States to hold that sexual orientation is a form of sex discrimination under Title VII. Kimberly Hively, a part-time, adjunct professor at Ivy Tech Community College, alleged that she was repeatedly denied consideration for full-time teaching positions and her part-time contract was not renewed due to her sexual orientation. Hively filed suit in the U.S. District Court for the Northern District of Indiana, alleging violations of Title VII. Ivy Tech filed a motion to dismiss, arguing that sexual...