Legal Opinion

Kimberly Hively v. Ivy Tech Community College

Court of Appeals for the Seventh Circuit

Decided July 28, 2016No. 15-1720PublishedCited by 10 opinions

1Opinion of the Court

RIPPLE, Circuit Judge, joins the judgment of the court and joins Parts I and IIA of the panel’s opinion.

ROVNER, Circuit Judge.

Once again this court is asked to consider whether Title VII of the Civil Rights Act of 1964 protects employees from or offers redress for discrimination based on sexual orientation. This time, however, we do so in the shadow of a criticism from the Equal Employment Opportunity Commission (EEOC) that this court and others have continued to reflexively declare that sexual orientation is not cognizable under Title VII without due analysis or consideration of intervening…

2Cases cited60 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. National Railroad Passenger Corporation v. MorganSupreme Court of the United States · 2002
  3. Price Waterhouse v. HopkinsSupreme Court of the United States · 1989
  4. Oncale v. Sundowner Offshore Services, Inc.Supreme Court of the United States · 1998
  5. Griggs v. Duke Power Co.Supreme Court of the United States · 1971

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3Cited by10 opinions

  1. Hively v. Ivy Tech Community College of IndianaCourt of Appeals for the Seventh Circuit · 2017
  2. Zarda v. Altitude Express, Inc.Court of Appeals for the Second Circuit · 2018
  3. Boutillier v. Hartford Public SchoolsDistrict Court, D. Connecticut · 2016
  4. Spellman v. Ohio Department of TransportationDistrict Court, S.D. Ohio · 2017
  5. Roberts v. Clark County School DistrictDistrict Court, D. Nevada · 2016

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