The 7th Circuit Court of Appeals has found that discrimination based on sexual orientation is covered by Title VII of the Civil Rights Act of 1964. The 8-3 ruling in Hively v. Ivy Tech Community College reinstates a case filed by a lesbian college professor who claims that her former employer rejected her for at least six full-time positions and did not renew her contract because of her sexual orientation. The 7th Circuit is the first federal appellate court to issue such a ruling.
In finding that Title VII’s proscription against gender discrimination covers an employee’s sexual orientation discrimination claim Chief Judge Diane Wood explained that Hively represented the ultimate case of failure to conform to the female stereotype.
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