Seventh Circuit Reverses Decision that Title VII Doesn’t Protect Against Anti-Gay Discrimination and Agrees to Re-hear Employment Discrimination Case

The Seventh Circuit reversed and vacated the panel decision holding that Title VII does not protect employees from anti-gay discrimination and will re-hear the case, Hively v. Tech Community College, en banc. Kimberly Hively claims that her former employer, Ivy Tech Community College, violated Title VII when she was denied full-time employment and promotions and eventually terminated based on her sexual orientation. We previously reported on this case and its implications for the rapidly-changing legal landscape on LGBT workplace protections. With today’s decision by the Seventh Circuit to rehear the case en banc, the status of sexual orientation discrimination under Title VII remains uncertain. We will continue to monitor this case for its impact on employers going forward.