On April 4, 2017, the Seventh Circuit handed down a divided en banc opinion in Hively v. Ivy Tech Community College, opening a circuit split on how to interpret Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on "race, color, religion, sex, or national origin[.]"
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 …
In Hively 2017) (en banc) Hively v. Ivy Tech Cmty. But as the Seventh Circuit wrote in this new case, Hively v. Ivy Tech Community College, it had “been asked to take a fresh look” given the social and legal developments of those decades, and that is just what it did. Hively v. Ivy Tech Community College of Indiana, No. The word sex in Title VII … Yesterday, in Hively v.Ivy Tech Community College, the United States Court of Appeals for the Seventh Circuit became the first federal appeals court to rule that Title VII of the Civil Rights Act of 1964 prohibits sexual orientation discrimination.This is a groundbreaking decision. United States Court of Appeals for the Seventh Circuit November 30, 2016, Argued; April 4, 2017, Decided Hively puts the Seventh Circuit squarely at odds with nine other circuits. The word sex in Title VII has undergone quite a metamorphosis in 53 years. As we reported early this morning, the full U.S. Court of Appeals for the Seventh Circuit decided in Hively v. Ivy Tech Community College of Indiana that the prohibition in Title VII against discrimination based on “sex” encompasses discrimination based on sexual orientation. LGBTQ Workplace Discrimination Ruling: Who Exactly Is Affected? Significantly, the court did not expand the scope of Title VII. 2017) Lambda Legal is fighting on her behalf. Hively v. Ivy Tech Community College, the Seventh Circuit case under discussion here, will impact many. Terms of the agreement were not released. Apr. It was therefore wrong to dismiss Hively’s complaint for failure to state a claim. College of Ind. After an exhaustive exploration of the law governing claims involving discrimination based on sexual orientation, the panel affirmed. On December 13, 2013, she filed a bare bones pro se charge with the Equal Employment Opportunity Commission (EEOC) claiming that she had been “discriminated against on the basis of sexual orientation” as she had been “blocked from fulltime [sic] employment without just cause,” in violation of Title VII. The judgement of the district court is REVERSED and the case is REMANDED for further proceedings.” Hively v. Ivy Tech Community College (USA) — GIW Hively-Ivy-Tech — April 4, 2017 decision I. Hively is openly lesbian. Now represented by the Lambda Legal Defense & Education Fund, Hively has appealed to this court. court granted Ivy Tech’s motion and dismissed Hively’s case with prejudice. Hively v. Ivy Tech Community College Seventh Circuit Holds Sexual Orientation Discrimination Is a Form of Sex Discrimination. 15-1720 (7th Cir. Kimberly Hively was fired for being a lesbian. From 2000–2014 Kimberly Hively worked part-time as an adjunct professor at Ivy Tech Community College in Indiana. The court did so not by creating a sixth protected trait, but by ruling that sexual orientation discrimination is sex discrimination. Hively v. Ivy Tech Community College, No. Recent Case: 853 F.3d 339 (7th Cir. Caution As of: February 4, 2020 10:57 PM Z Hively v. Ivy Tech Cmty. It has no authority to do so. Hively puts the Seventh Circuit squarely at odds with nine other circuits. In August 2015, Hively filed a lawsuit in U.S. District Court for the Northern District of Indiana against South Bend, Indiana-based Ivy Tech, claiming the school was violating Title VII of the Civil Rights Act by discriminating against her because of her sexual orientation, a form of sex discrimination. 15-1720 (7th Cir. Yet it began, as is so often the case, with the story of a single ordinary person willing to fight for her rights. Hively began teaching as a part-time adjunct professor at Ivy Tech Community College in 2000. Attorneys for Hively and Ivy Tech did not return calls for comment by IL deadline. We noted news of the ruling in Hively v. Ivy Tech Community College in Morning Docket, and additional coverage can be found via How Appealing (here and here).
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