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Kimberly Hively v. Ivy Tech Community College, 853 F.3d 339 (7th Cir. 2017), was a decision of the United States Court of Appeals for the Seventh Circuit in which the Court held that discrimination on the basis of sexual orientation violates Title VII of the Civil Rights Act of 1964. The ruling made the Seventh Circuit the first federal appeals court to find that sexual orientation is a protected class under the Civil Rights Act of 1964.

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  • Kimberly Hively v. Ivy Tech Community College, 853 F.3d 339 (7th Cir. 2017), was a decision of the United States Court of Appeals for the Seventh Circuit in which the Court held that discrimination on the basis of sexual orientation violates Title VII of the Civil Rights Act of 1964. The ruling made the Seventh Circuit the first federal appeals court to find that sexual orientation is a protected class under the Civil Rights Act of 1964. Educator Kimberly Hively sued Ivy Tech Community College for employment discrimination in the United States District Court for the Northern District of Indiana, alleging that Ivy Tech had unlawfully discriminated on the basis of her sexual orientation. The District Court dismissed the lawsuit, holding that Title VII does not prohibit discrimination on the basis of sexual orientation. A three-judge panel of the United States Court of Appeals for the Seventh Circuit affirmed the dismissal of the lawsuit, but the Seventh Circuit judges voted to rehear the case en banc, before all 11 judges of the Court of Appeals. Writing for the 8–3 majority, Chief Judge Diane Wood held that Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating on the basis of sexual orientation. Wood wrote that discrimination on the basis of sexual orientation constitutes discrimination on the basis of sex, because if an employer discriminates on the basis of sex, a man in a relationship with a woman would not be discriminated against, but a woman in a relationship with a woman would be. Additionally, relying on the Supreme Court's decision in Loving v. Virginia, Wood wrote that discrimination on the basis of a person's partner's sex is tantamount to discrimination on the basis of sex. After the Seventh Circuit's ruling, the Supreme Court in 2020 came to the same conclusion in Bostock v. Clayton County, Georgia, holding that discrimination on the basis of sexual orientation violates Title VII of the Civil Rights Act of 1964. (en)
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  • Hively v. Ivy Tech Community College (en)
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  • 25920.0
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  • Posner (en)
  • Flaum (en)
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  • Seal of the United States Court of Appeals for the Seventh Circuit.svg (en)
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  • Sykes (en)
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  • Kimberly Hively, Plaintiff-Appellant, v. Ivy Tech Community College, Defendant-Appellee (en)
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  • Discrimination on the basis of sexual orientation violates the Civil Rights Act of 1964. (en)
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  • Ripple (en)
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  • Bauer, Kanne (en)
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  • Wood, Chief Judge, and Bauer, Posner, Flaum, Easterbrook, Ripple, Kanne, Rovner, Williams, Sykes, and Hamilton, Circuit Judges (en)
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  • Hively v. Ivy Tech Community College (en)
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  • Wood (en)
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  • USCA 7th website (en)
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  • Kimberly Hively v. Ivy Tech Community College, 853 F.3d 339 (7th Cir. 2017), was a decision of the United States Court of Appeals for the Seventh Circuit in which the Court held that discrimination on the basis of sexual orientation violates Title VII of the Civil Rights Act of 1964. The ruling made the Seventh Circuit the first federal appeals court to find that sexual orientation is a protected class under the Civil Rights Act of 1964. (en)
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  • Hively v. Ivy Tech Community College (en)
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