For the first time, a United States Court of Appeals ruled that Title VII of the 1964 Civil Rights Act (“Title VII”) prohibits discrimination based on sexual orientation. After agreeing to rehear the issue, the Seventh Circuit reversed the District Court’s decision dismissing the plaintiff’s case finding that it is impossible to discriminate on the basis of sexual orientation without also discriminating on the basis of sex.
The Seventh Circuit’s decision is in direct contravention of the Second Circuit and Eleventh Circuit decisions holding Title VII does not cover sexual orientation discrimination. Although the defendant in this particular case said that it would not be seeking further review, this circuit split means it is all the more likely the United States Supreme Court will hear the issue.
The case is Hively v. Ivy Tech Community College, 15-1720 (7th Cir. Apr. 4, 2017).
