THE EVOLVING DEFINITION OF SEX(UAL ORIENTATION) UNDER TITLE VII -

On April 4, 2017, the Seventh Circuit Court of Appeals issued its highly anticipated 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 of the Civil Right Act of 1964’s definition of “sex.” Hively affects the lay of the land for future sexual orientation cases, and likely sets the stage for a resolution of the question plaguing courts and agencies (as well as employers): does Title VII’s prohibition on discrimination because of sex prohibit sexual orientation discrimination?