( Chicago, IL, April 4, 2017 ) —In a groundbreaking, 8-3 decision, the full Seventh Circuit Court of Appeals has ruled that workplace discrimination based on sexual orientation violates federal civil rights law. The court found that such discrimination is a form of sex discrimination in violation of Title VII of the Civil Rights Act of 1964, the federal law prohibiting employers from discriminating against employees on the basis of sex, race, color, national origin, and religion. The decision—which came in Lambda Legal's case on behalf of Kimberly Hively, an instructor at Ivy Tech Community College who was fired for being a lesbian—makes the Seventh Circuit the highest federal court to reach this conclusion and could change the national landscape of employment law for LGBT people.
"In many cities and states across the country, lesbian and gay workers are being fired because of who they love. But, with this decision, federal law is catching up to public opinion: ninety-percent of Americans already believe that LGBT employees should be valued for how well they do their jobs—not who they love or who they are. Now, through this case and others, that principle is backed up by the courts," said Greg Nevins, Employment Fairness Program Director for Lambda Legal. "This decision is gamechanger for lesbian and gay employees facing discrimination in the workplace and sends a clear message to employers: it is against the law to discriminate on the basis of sexual orientation."
In the opinion filed today, Chief Judge Diane Wood writes:
"… Hively represents the ultimate case of failure to conform to the female stereotype ( at least as understood in a place such as modern America, which views heterosexuality as the norm and other forms of sexuality as exceptional ): she is not heterosexual. Our panel described the line between a gender nonconformity claim and one based on sexual orientation as gossamer-thin; we conclude that it does not exist at all. Hively's claim is no different from the claims brought by women who were rejected for jobs in traditionally male workplaces, such as fire departments, construction, and policing. The employers in those cases were policing the boundaries of what jobs or behaviors they found acceptable for a woman ( or in some cases, for a man )."
"Love won again today," said Lambda Legal CEO Rachel B. Tiven. "Kim Hively loved her job teaching math at Ivy Tech Community College, but she was fired because she is a lesbian. Today the 7th Circuit said clearly: that's wrong. Our movement is about love and pride. Pride in yourself and your work, and the freedom to love and to be treated equally. Even in these challenging times, Lambda Legal continues to win in court and make our country better."
"I have been saying all this time that what happened to me wasn't right and was illegal. Now I will have my day in court, thanks to this decision," said Kimberly Hively. "No one should be fired for being lesbian, gay, or transgender like happened to me and it's incredibly powerful to know that the law now protects me and other LGBT workers."
Background:
In August of 2014, Kimberly Hively sued Ivy Tech Community College, arguing that the school violated Title VII of the Civil Rights Act of 1964 when it denied her full-time employment and promotions after she had been seen kissing her then-girlfriend in the parking lot of the school. The trial court dismissed Hively's lawsuit and held that Title VII—which prohibits employers from discriminating against employees on the basis of sex, race, color, national origin, and religion—does not protect employees from antigay discrimination.
In April 2015, Lambda Legal appealed to the Seventh Circuit Court of Appeals, seeking reversal and reinstatement of Hively's complaint. A three-judge panel ruled against Hively in July 2016, but Lambda Legal requested a rehearing of the case by the full panel of the Seventh Circuit — all eleven judges. On October 11, 2016 that request was granted, and in November, Greg Nevins, Employment Fairness Program Director for Lambda Legal, appeared once again, to ask that the court overturn its prior decisions limiting the reach of Title VII.
Read the opinion: www.lambdalegal.org/in-court/legal-docs/hively_in_20170404_opinion .
U.S. Rep. Mike Quigley Statement on Chicago Court Ruling on LGBT Workplace Discrimination, from a press release:
WASHINGTON — Today, U.S. Representative Mike Quigley (IL-05), who serves as Vice Chair of the LGBT Equality Caucus, released the following statement after the 7th Circuit Court of Appeals in Chicago ruled that the 1964 Civil Rights Act also protects LGBT employees from workplace discrimination, the first time a federal appellate court has come to that conclusion:
"The ruling issued by the 7th Circuit Court of Appeals in Chicago yesterday is a victory for all Americans committed to the advancement of human rights. Everyone should feel safe, valued, and supported in the workplace. At a time when many in the LGBT community — as well as their friends, family, and allies — are fearful of the Trump Administration's harmful agenda, this ruling sends a clear message that discrimination on the basis of sexual orientation or gender identity is not only unacceptable and outdated, but also won't be tolerated as it is inconsistent with our values and our never-ending effort to expand freedom and support justice. It is long past due to broaden the scope of the 1964 Civil Rights Act so that equality on all fronts, for all people, is championed and enforced by law. I applaud the 7th Circuit Court in my home city for taking this important step."
Equality Illinois Applauds Today's Federal Appeals Court Decision Protecting Workers Regardless of Their Sexual Orientation
Statement by Brian C. Johnson, CEO, Equality Illinois:
In America, we value fairness, equality, and the freedom to be who you are without discrimination. The U.S. Court of Appeals for the Seventh Circuit made the right decision today that the Civil Rights Act of 1964 prohibits discrimination in matters of employment regardless of the worker's sexual orientation. In Illinois, we know the power of such protections because our Human Rights Act already prohibits workplace discrimination on the basis of sexual orientation and gender identity.
However, there is more work to be done. In spite of the ruling today by the federal court, it is still legal in most states to fire a person for their sexual orientation. Furthermore, transgender people lack workplace protections in even more states, including in Wisconsin and Indiana, which make up the federal Seventh Circuit with Illinois. In such a void of state-based protections, we call upon Congress to pass comprehensive civil rights legislation like the Equality Act, which would ensure the promise of the American Dream for LGBTQ Americans. In the absence of congressional action, courts should interpret the Civil Rights Act of 1964 to protect LGBTQ people in America from employment discrimination. Our civil rights should not be based upon our zip code.
We applaud our partners at Lambda Legal for their leadership and tenacity in representing Kimberly Hively in this case and for striking a blow today for fairness, justice, and freedom.
