Appeals Court Upholds That Civil Rights Act Applies To LGBT Workers

Ronald D. Rotunda, professor of jurisprudence at Chapman University School of Law, said the 7th Circuit ruling will be taken up by the Supreme Court sometime next year because it conflicts with the interpretation of the Civil Rights Act reached by other circuit courts. The Trump administration says decisions on this question should be left to state and local officials; it scrapped a directive from President Barack Obama's administration advising schools to let transgender students use the facilities of their choice.

"I am kind of back where I started". Nevins is optimistic that if these courts reconsider their cases en banc, as Lambda Legal has requested in Georgia, they may change their mind.

Judge Richard Posner, an appointee of former president Ronald Reagan, a Republican, said expansion of anti-discrimination protections was warranted because society now considers sexual orientation an innate part of a person, just as gender is.

In her opinion for the majority, Judge Diane Wood wrote, "Any discomfort, disapproval, or job decision based on the fact that the complainant-woman or man-dresses differently, speaks differently, or dates or marries a same-sex partner, is a reaction purely and simply based on sex". That means that it falls within Title VII's prohibition against sex discrimination ...' She was denied an interview all six times and, in July 2014, the college did not renew her part-time contract. "It was just a kiss in the vehicle like millions of other people do", she said. But she was denied. If she were a man who formed intimate relationships with a woman, this employer wouldn't have any problem with her. She also alleged other treatment such as reduced hours. If he is confirmed, he could hold sway over the issue in a conservative tilting Supreme Court.

It wasn't immediately clear how Tuesday's ruling would affect transgender employees in Indiana, Illinois, and Wisconsin. According to Wavy.com, who shared a report from within the courtroom, there was one particularly telling exchange between the judge and the community college's attorney (emphasis theirs). "But what they were doing was wrong and I knew it was wrong".

The court did not rule on whether Hively was actually being discriminated against due to her sexual orientation, leaving that decision to a lower court. A nationwide extension of Tuesday's Hively ruling could be of particular benefit to LGBTQ people of color since many live in Southern states with little chance of passing anti-discrimination laws.

Previously, any federal appeals court to consider whether gay employees are protected by non-discrimination rules have ruled that they are not. The teacher, Kimberly Hively, was an adjunct faculty member on the South Bend campus of Ivy Tech Community College, which has 32 locations in the state.

Lambda Legal helped Hively request a rehearing, and this time all 11 judges considered her appeal.

"There's been a lot of "no's" in this case so to finally hear "yes" was very surprising and absolutely wonderful", Hively said.