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ARTICLE · 15 AUGUST 2016

Employment, Labor & Benefits Update - August 2016

Masuda, Funai, Eifert & Mitchell, Ltd.
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On July 28, 2016, the United States Court of Appeals for the Seventh Circuit, unequivocally reaffirmed that Title VII of the Civil Rights Act of 1964 does not prohibit discrimination based on sexual orientation.

United StatesEmployment and HR
Nancy Sasamoto
Nancy Sasamoto
Alan Kaplan
Alan Kaplan
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The Seventh Circuit Affirms: No Federal Protection from Sexual Orientation Discrimination Without Action by the U.S. Supreme Court or Congress

By Nancy Sasamoto

On July 28, 2016, the United States Court of Appeals for the Seventh Circuit, unequivocally reaffirmed that Title VII of the Civil Rights Act of 1964 does not prohibit discrimination based on sexual orientation. In Hively v. Ivy Tech Community College, the Court made clear that, while it does not condone employment discrimination based solely on who an employee dates, loves or marries, Title VII nevertheless provides no protection for sexual orientation discrimination.

In Hively, Plaintiff Kimberly Hively filed a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC"), claiming that she had been blocked from full-time employment without just cause on the basis of her sexual orientation. Hively had begun teaching as a part-time adjunct professor at Ivy Tech Community College in

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