Hively v. Ivy Tech Community College of Indiana

Hively, who is openly lesbian, began teaching as a part‐time adjunct professor at Ivy Tech in 2000. In 2013, she filed a charge with the Equal Employment Opportunity Commission (EEOC) claiming that she had been discriminated against on the basis of sexual orientation, having been blocked from full-time employment “without just cause.” After exhausting EEOC procedural requirements, she filed suit, pro se, under the Civil Rights Act, 42 U.S.C. 2000e (Title VII). The district court dismissed. The Seventh Circuit initially affirmed, holding that Title VII did not apply to claims of sexual orientation discrimination. On rehearing, the court reversed, interpreting the Act’s prohibition on discrimination on the basis of sex as including sexual orientation; “the essence of the claim is that the plaintiff would not be suffering the adverse action had his or her sex” been different. The court noted “the backdrop of the Supreme Court’s decisions, not only in the field of employment discrimination, but also in the area of broader discrimination on the basis of sexual orientation.” View "Hively v. Ivy Tech Community College of Indiana" on Justia Law