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Seventh Circuit is first appellate court to say the Civil Rights Act of 1964 includes such protections.
Today, HRC hailed a decision by the U.S. Court of Appeals for the Seventh Circuit finding that Title VII of the 1964 Civil Rights Act includes protections based on sexual orientation. This decision marks the first time a federal appellate court has ruled this way and reverses a previous decision made in July.
“This critically important Circuit Court decision has adopted a well-grounded legal analysis concluding that our nation's civil rights laws include sexual orientation,” said HRC Legal Director Sarah Warbelow. “Today’s ruling is a monumental victory for fairness in the workplace, and for the dignity of lesbian, gay and bisexual Americans who may live in fear of losing their job based on whom they love. This court joins five others that have ruled these laws also prohibit discrimination on the basis of gender identity. We congratulate plaintiff Kimberly Hively, Lambda Legal and all the attorneys who helped achieve this victory.”
The Hively case stems from a lawsuit brought by Indiana teacher Kimberly Hively, who alleged that Ivy Tech Community College in South Bend did not offer her a full-time position because she is a lesbian. She was represented in the case by Gregory Nevins of Lambda Legal.
HRC holds the view that Title VII protects LGBTQ employees. Three successful legal efforts -- all led by Lambda Legal -- in federal courts in Seattle, Chicago, and Washington D.C., were cited by the EEOC in Baldwin v. Foxx in 2015. In that decision, the EEOC concluded that sexual orientation “inherently” involves sex-based considerations, and so sexual orientation discrimination claims are “necessarily” claims under Title VII.