Sexual Orientation Discrimination Now Recognized Under Title VII
On April 4, 2017, the United States Court of Appeals for the Seventh Circuit for the first time recognized that sexual orientation discrimination is covered under Title VII of the 1964 Civil Rights Act. The case is Hively v. Ivy Tech Community College of Indiana. Although the court which heard the case en banc reached the result via three routes, the holding confirms that sexual orientation discrimination is cognizable under Title VII in the Seventh Circuit. Chief Judge Wood led a five-member majority in holding that sexual orientation discrimination is sex discrimination under Title VII and, therefore, covered by the statute.