The Seventh Circuit Court of Appeals ruled 8-3 today that discriminating against an employee for their sexual orientation violates Title VII of the Civil Rights Act of 1964. Lambda Legal took the case on behalf of Kimberly Hively, a community college instructor who was fired for being a lesbian.
Some history on Hively’s case:
In August of 2014, Kimberly Hively sued Ivy Tech Community College, arguing that the school violated Title VII of the Civil Rights Act of 1964 when it denied her full-time employment and promotions after she had been seen kissing her then-girlfriend in the parking lot of the school. The trial court dismissed Hively’s lawsuit and held that Title VII — which prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion — does not protect employees from antigay discrimination.
In April 2015, Lambda Legal appealed to the Seventh Circuit Court of Appeals, seeking reversal and reinstatement of Hively’s complaint. A three-judge panel ruled against Hively in July 2016, but Lambda Legal requested a rehearing of the case by the full panel of the Seventh Circuit – all eleven judges. On October 11, 2016 that request was granted, and in November, Greg Nevins, Employment Fairness Program Director for Lambda Legal, appeared once again, to ask that the court overturn its prior decisions limiting the reach of Title VII.
The Seventh Circuit is now the highest court to rule in Hively’s favor. In other words: this is a big deal.
BREAKING: Federal court rules employers cannot discriminate based on sexual orientation
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