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 orientation 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.
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!
Of Counsel & Chief Legal EditorRobin also conducts internal investigations and delivers training for HR professionals, managers, and employees on topics such as harassment prevention, disability accommodation, and leave management.
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This is Constangy’s flagship law blog, founded in 2010 by Robin Shea, who is chief legal editor and a regular contributor. This nationally recognized blog also features posts from other Constangy attorneys in the areas of immigration, labor relations, and sports law, keeping HR professionals and employers informed about the latest legal trends.
