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Tuesday, October 11, 2016

Ind. Decision - 7th Cir. to rehear Ivy Tech anti-gay employment discrimination case en banc [Updated]

The 7th Circuit has voted to rehear its 3-judge opinion in Kimberly Hively v. Ivy Tech Community College. Here, via Equality Case files, is the original, July 28th opinion, plus an August 3rd correction.

Here, via Lambda Legal, is today's order, "by the court," stating:

The Petition for Rehearing En Banc is GRANTED, and the panel's opinion and judgment are VACATED."
From the news release:
In August of 2014, Hively filed a lawsuit in a federal trial court against Ivy Tech Community College, arguing that the school violated Title VII of the 1964 Civil Rights Act when it denied her full-time employment and promotions on the basis of her sexual orientation. The trial court dismissed Hively’s lawsuit and held that Title VII does not protect employees from antigay discrimination.

In April 2015, Lambda Legal filed an appeal on Hively’s behalf seeking reversal and reinstatement of her complaint, but was denied by a panel of three judges in a decision issued July 28, 2016. Today the full Seventh Circuit Court of Appeals has agreed to rehear the case.

Here is the ILB summary of the July 28th opinion of the 7th Circuit.

Here is a July 29th ILB post quoting the Indianapolis Star, and here are quotes from an August 2nd editorial in the Fort Wayne Journal Gazette.

[Updated per EQCF]
Oral argument now set for Nov. 30, 2016 before the full court.

Posted by Marcia Oddi on October 11, 2016 04:10 PM
Posted to Ind. (7th Cir.) Decisions