Will Sexual Orientation Finally Be a Protected Class?

April 10, 2017  |  The Insider: White Collar Defense and Securities Enforcement

In a groundbreaking decision in Hively v. Ivy Tech Community College of Indiana, 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 and thus prohibited by Title VII of the Civil Rights Act of 1964. Title VII makes it unlawful for employers to discriminate on the basis of a person’s “race, color, religion, sex or national origin . . .” In an 8-3 decision by Judge Diane Wood, the Seventh Circuit overruled its own prior decision and precedent and broke with every other federal appellate court that has ruled on this issue. [...]

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