News & Analysis as of

Sexual Orientation

Second Circuit Panel: No, We Still Can’t Overturn Precedent on Sexual Orientation Discrimination

As we observed in a recent post on the Seventh Circuit’s decision in Hively v. Ivy Tech Community College extending Title VII to sexual orientation claims, the Supreme Court will probably have to resolve the disagreement...more

Seventh Circuit Finds Sexual Orientation Protected by Title VII of the Civil Rights Act

by K&L Gates LLP on

On April 4, 2017, the Seventh Circuit Court of Appeals became the first federal appeals court in the United States to find that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual...more

Expanding the Reach of Title VII: Seventh Circuit Recognizes Sexual Orientation as a Protected Class

In a shift from its earlier interpretations, the U.S. Court of Appeals for the Seventh Circuit overruled its prior precedent and held in Hively v. Ivy Tech Community College of Indiana, No. 15-1720, 2017 U.S. App. LEXIS 5839...more

Does Title VII Prohibit Discrimination Based on Sexual Orientation: the Eleventh Circuit Says No, While the Seventh Circuit Says...

by Burr & Forman on

Since its inception, Title VII of the Civil Rights Act of 1964 (Title VII) has prohibited employers from discriminating against employees and applicants because of their sex. In the past couple of years, plaintiffs, affinity...more

Seventh Circuit Holds That Sexual Orientation Is Protected Under Title VII

With its recent en banc decision in Hively v. Indy Tech. Cmty. Coll. of Ind., 2017 WL 110393 (7th Cir. 2017), the Seventh Circuit became the first federal appellate court to hold that Title VII of the Civil Rights Act of 1964...more

The Seventh Circuit's Recent Ruling on Sexual-Orientation Discrimination: What School Districts Need to Know

by Hogan Lovells on

On April 4, 2017, the United States Court of Appeals for the Seventh Circuit became the first federal appellate court in the country to hold that Title VII of the Civil Rights Act of 1964 prohibits employers from...more

Federal Appeals Court Includes Sexual Orientation in Title VII Protection for First Time

by Barley Snyder on

A landmark decision from a federal appeals court declared for the first time that sex discrimination includes discrimination on the basis of “sexual orientation” under Title VII....more

CFPB May Rely on New Employment Discrimination Case in Fair Lending Context

by Ballard Spahr LLP on

The CFPB may seek to rely on a recent Seventh Circuit employment discrimination case to support its view that the Equal Credit Opportunity Act’s (ECOA’s) prohibition against discrimination on the basis of “sex” includes...more

A Recent Decision by the Seventh Circuit that an Employer’s Sexual Orientation Discrimination Violates Title VII Bolsters...

by Sedgwick LLP on

On April 4, 2017, the Seventh Circuit, sitting en banc, held that an employer’s sexual orientation discrimination violates Title VII of the Civil Rights Act of 1964. Following in the footsteps of the Second Circuit, the...more

Legislators Jump into Sexual Orientation Discrimination Ring

by Akerman LLP - HR Defense on

Employers take note: On the heels of the Seventh Circuit landmark and controversial ruling last week that Title VII does, in fact, prohibit sexual orientation discrimination in the workplace, a group of prominent democratic...more

Sexual Orientation Discrimination Claim Allowed Under Title VII

by Tonkon Torp LLP on

For more than 30 years, the federal Circuit Courts of Appeal have uniformly ruled that Title VII's prohibitions against discrimination based on "sex" do not cover claims for discrimination based on "sexual orientation." That...more

Employment Law Navigator – Week in Review: April 2017 #2

by Zelle LLP on

Last Tuesday was Equal Pay Day, which highlights the gender pay gap. It marks how far into the new year women must work to earn what men made in the previous year. In other developments focused on pay practices, the U.S....more

Sexual Orientation Discrimination: One Step Closer to Protection by Federal Law

On April 4, the United States Court of Appeals for the Seventh Circuit (covering Illinois, Indiana and Wisconsin) became the first federal appellate court to recognize sexual orientation as being protected by Title VII of the...more

7th Circuit’s Landmark Decision Holds Title VII Prohibits Sexual Orientation Discrimination in Employment

by Fox Rothschild LLP on

On April 4, 2017, the Seventh Circuit issued a decision with employment law implications. In an en banc decision, Hively v. Ivy Tech Community College, the court held that the protections of Title VII of the Civil Rights Act...more

Federal Court Concludes That LGBT Individuals Are Covered By The Fair Housing Act

by Fox Rothschild LLP on

Back-to-back posts concerning the Fair Housing Act (FHA) and federal courts. Last week, in what I believe is another decision of first impression, a federal district court judge in Colorado concluded that the FHA prohibits...more

New EEOC Proposed Guidelines May Signal What is to Come in the Area of Sex-Based Workplace Discrimination

by Baker Donelson on

A few weeks ago, the public comment period for the U.S. Equal Employment Opportunity Commission’s (EEOC) proposed guidance on unlawful workplace harassment closed, drawing mixed responses from commentators. The purpose of the...more

Seventh Circuit Holds that Title VII Prohibits Sexual Orientation Discrimination

On April 4, 2017, the United States Court of Appeals for the Seventh Circuit (which serves three states – Indiana, Illinois and Michigan), ruled that sexual orientation discrimination is a form of sex discrimination under...more

The Seventh Circuit Court of Appeals Rules Title VII Of The Civil Rights Act of 1964 Prohibits Sexual Orientation Discrimination

by Dickinson Wright on

On April 4, 2017 the U.S. Court of Appeals for the Seventh Circuit ruled in Hively v. Ivy Tech Community College of Indiana (Docket No. 15-1720) that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the...more

Seventh Circuit Recognizes Sexual Orientation as Protected Class

by Cozen O'Connor on

This week, the US Court of Appeals for the Seventh Circuit became the first Federal Court of Appeals to hold that discrimination based on sexual orientation is actionable under Title VII of the Civil Rights Act. This decision...more

Federal Appeals Court Rules That Title VII Protects Employees From Sexual Orientation Discrimination

by Baker Donelson on

Title VII of the Civil Rights Act of 1964 prohibits covered employers from discriminating against an employee because of her race, color, religion, sex or national origin. Until this month, no federal court of appeals had...more

Title VII Protects Against Sexual Orientation Discrimination, 7th Circuit Holds

by Ballard Spahr LLP on

In a landmark decision, the Seventh Circuit has become the first federal court of appeals to find that Title VII of the Civil Rights Act of 1964 prohibits discrimination against individuals because of their sexual...more

Seventh Circuit Extends Title VII Protections to Sexual Orientation

by Morgan Lewis on

The first-of-its-kind decision leads to a split in authority between federal circuits on discrimination and harassment claims on the basis of sexual orientation....more

Seventh Circuit Finds Discrimination on the Basis of Sexual Orientation Prohibited by the Civil Rights Act

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Seventh Circuit becomes the first appellate court to hold that discrimination on the basis of sexual orientation is prohibited as sex discrimination under Title VII. The decision establishes a circuit...more

Sexual Orientation Discrimination Is Sex Discrimination

by McGuireWoods LLP on

On April 4, 2017, the 7th U.S. Circuit Court of Appeals became the first federal appellate court to conclude that workplace discrimination based on sexual orientation is sex discrimination and violates Title VII of the Civil...more

Seventh Circuit Issues Landmark Decision Holding that Title VII Prohibits Discrimination Based on Sexual Orientation

by SmithAmundsen LLC on

On April 4, 2017, the United States Court of Appeals for the Seventh Circuit, sitting en banc, held that discrimination based on sexual orientation is a form of sex discrimination prohibited by Title VII of the Civil Rights...more

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