Court sets aside Title VII sexual orientation decision, agrees to rehear

The full U.S. Court of Appeals for the Seventh Circuit has vacated Hively v. Ivy Tech Community College, which found that Title VII did not protect against sexual orientationStove fire.flickrCC.StateFarmIns discrimination. I wrote about the decision, issued by a three-judge panel of the Seventh Circuit, in August. The court will rehear the case with all of the judges participating.

Here is a copy of the order.

Ms. Hively's request for rehearing was supported by the Equal Employment Opportunity Commission and U.S. Senators Jeffrey Merkley (D-Or.), Tammy Baldwin (D-Wis.), and Cory Booker (D-NJ), and U.S. Representatives David Cicilline (D-RI) and Mark Takano (D-Calif.). The Congresspersons are co-sponsors of the Equality Act, proposed legislation that would provide federal protection against discrimination to LGBT individuals.

The other big sexual orientation/Title VII case -- Christiansen v. Omnicom Group, Inc. -- is still pending at the U.S. Court of Appeals for the Second Circuit, but the plaintiff filed his reply brief this week, so it may not be too long before we get a decision.

Things are heating up!

Image Credit: From flickr, Creative Commons license, by State Farm Insurance.

Robin Shea has more than 20 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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