Title VII Takeaways From Hively V. Ivy Tech

By Andrew Melzer and James Richardson, Sanford Heisler Sharp LLP (April 27, 2017, 11:11 AM EDT) -- Two weeks ago, the Seventh Circuit made countless employment law casebooks obsolete by upsetting decades of largely uniform precedent — both its own and those of its sister circuits — that had held that Title VII's prohibition on discrimination "because of ... sex" did not extend to discrimination that was specifically motivated by sexual orientation. While its opinion in Hively v. Ivy Tech Community College of Indiana, No. 15-1720, 2017 (7th Cir. Apr. 4, 2017), makes the Seventh Circuit the only appellate jurisdiction yet to have found that Title VII extends to sexual orientation, the nationwide case law on the matter was perhaps less settled than it appeared at first blush....

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