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September 14, 2017

Employee Relations Law Journal, 

By: Elizabeth E. DiMichele, Howard S. Lavin

Does Title VII of the Civil Rights Act of 1964 prohibit discrimination on the basis of sexual orientation?
 
Breaking new ground, the U.S. Court of Appeals for the Seventh Circuit, in an en banc decision reversing its earlier panel ruling, held in Hively v. Ivy Tech Community College of Indiana, that “discrimination on the basis of sexual orientation is a form of sex discrimination.” The Hively decision departs not only from Seventh Circuit precedent, but from the precedent of its sister circuits, including decisions of the Eleventh and Second Circuits, decided just days before.

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