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Thursday, October 01, 2015

Ind. Courts - Ivy Tech instructor appeals in claim school discriminated against her because of her sexual orientation

From a Lambda Legal Sept. 30 news release:

Today, Lambda Legal urged the U.S. Seventh Circuit Court of Appeals to reverse a lower court ruling and allow Kimberly Hively to present her case alleging that Ivy Tech Community College, where she worked as an instructor for 14 years, denied her fulltime employment and promotions, and eventually terminated her employment, because she is a lesbian.

Last August, Hively filed a lawsuit in U.S. District Court for the Northern District of Indiana against South Bend, Indiana-based Ivy Tech, claiming the school was violating Title VII of the Civil Rights Act by discriminating against her because of her sexual orientation, a form of sex discrimination. Ivy Tech successfully moved the trial court to dismiss Hively’s claim, arguing that Title VII does not protect employees from antigay discrimination.

At today’s hearing, Lambda Legal argued that several court rulings and a recent decision by the Equal Employment Opportunity Commission (EEOC) support Hively’s contention that sexual orientation discrimination is sex discrimination under Title VII and that the dismissal should be reversed. * * *

For years, Lambda Legal has been explaining to courts that Title VII, when properly understood, protects LGBT employees. Three of Lambda Legal’s successful efforts in 2014, in federal courts in Seattle, Chicago, and Washington D.C., were cited by the EEOC in Baldwin v. Foxx.

The case is Hively v. Ivy Tech Community College. Here is the brief submitted to the 7th Circuit. Here is the MP3 of the yesterday's oral argument.

Here is the ND Ind. ruling of March 3, 2015, dismissing plaintiff's complaint with prejudice, signed by Judge Rudy Lozano.

Posted by Marcia Oddi on October 1, 2015 05:04 PM
Posted to Indiana Courts