Court says gay employees can sue under 1964 Civil Rights Act

Court says gay employees can sue under 1964 Civil Rights Act

Court says gay employees can sue under 1964 Civil Rights Act

In explaining why the court was taking the step it took Tuesday, Wood detailed the role of the court - and the changed legal circumstances for gay people in America today, detailing the line of Supreme Court decisions over 20 years that culminated in 2015's Supreme Court decision ending state bans on same-sex couples' marriages.

Eight of 11 judges on the appellate court ruled that workplace discrimination based on sexual orientation violates Title VII of the Civil Rights Act of 1964.

"The logic of the Supreme Court's decisions, as well as the common-sense reality that it is actually impossible to discriminate on the basis of sexual orientation without discriminating on the basis of sex, persuades us", wrote the majority, "that the time has come to overrule our previous cases that have endeavored to find and observe that line".

The case was brought by Kimberly Hively, a part-time math teacher for a small community college in Indiana.

"With this historic decision, the 7th Circuit is the first federal appellate court to acknowledge that discrimination because a person is gay, lesbian or bisexual can only reasonably be understood as discrimination based on sex", Minter continued. Now the 7th Circuit Court of Appeals, in full session, ruled in her favor, allowing her case to go forward. "The Supreme Court, however, has never spoken to that question". ( finding that Title VII's sexual harassment protections exist in cases where the harasser is the same sex as the victim), have expanded the traditional notions of Title VII sex discrimination protections beyond that which may have originally be contemplated when Title VII was passed.

"This decision is a game-changer 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", said Greg Nevins, Employment Fairness Program Director for Lambda Legal. Surely a decision so rooted in sex-based considerations constitutes discrimination "because of sex". For example, one issue not addressed by the 7th Circuit is how this new theory will affect religious institutions given that different standards apply to them under federal antidiscrimination laws.

Title VII, "now more than half a century old, invites an interpretation that will update it to the present, a present that differs markedly from the era in which the act was enacted", Posner said.

Ivy Tech College denies the accusation but said it would not appeal the court's ruling. "Now I will have my day in court, thanks to this decision", she said.

But in its April 4 decision in Hively v. Ivy Tech Community College of in, the full 7th Circuit court ruled that sexual orientation was covered by the federal civil rights law, making it the first federal appeals court to so rule.

'Rick and Morty' may have revived McDonald's 1998 Szechuan McNugget sauce
Just bring some back for everyone else, OK? Look out for Rick and Morty , Season 3 , Episode 2 coming to Adult Swim in 2017. The Rick And Morty Twitter account has stoked the fires of viewers' curiosity further.

At the same time, they have been met with a wave of state laws created to protect the religious freedom of employers and others.

What activists want to do is expand the existing civil rights protections to also protect LGBTQ people.

Judge Richard Posner argued forcefully in a separate concurrence against the originalist interpretation of Title VII supported by Sykes' dissent, and said the law should be read with modern eyes.

Writing for the majority, Judge Diane Wood found that discrimination based on sexual orientation is rooted in an individual's perception of gender stereotypes. "This describes paradigmatic sex discrimination". Similarly, if someone discriminates against a trans woman, that's largely based on the expectation that a person designated male at birth should identify as a man - again, a belief built on the idea of what a person of a certain sex assigned at birth should be like.

LGBTQ advocates, citing legal precedent, say that what the original laws' authors believe or intended is irrelevant.

Then, in what one observer termed a "rare" decision, the same court decided in November to rehear the case. "In common, ordinary usage in 1964-and now, for that matter-the word "sex" means biologically male or female; it does not also refer to sexual orientation", the dissent pleads.

"Oncale says that's irrelevant whether [Congress] contemplated it", Block previously told me. When an employer discriminates against a worker for switching sexes, he is literally engaging in discrimination "because of sex". "Whether or not that's what Congress was focused on doesn't make it any less a type of discrimination covered by the statute". Initially, federal courts took the position that "sex" should be interpreted narrowly. It's now up to other federal courts, particularly the US Supreme Court, to affirm or reject the decision. Sexual orientation is notably not covered under Title VII and lower courts had tossed her case out for that reason.

The Seventh Circuit covers federal lawsuits out of Indiana, Illinois, and Wisconsin.

Recommended News

  • Potential of severe thunderstorms, tornadoes for Savannah; closings set

    A flash flood watch is in effect from 8 a.m. until late Wednesday night . A third round will develop this evening through 9 p.m.
    Did Russia election meddling doom Hillary? Chelsea Clinton weighs in

    Did Russia election meddling doom Hillary? Chelsea Clinton weighs in

    The New York Daily News recently reported that she may run for Senator Kirsten Gillibrand's seat in the U.S. Chelsea Clinton was blunt in a Tuesday interview with " CBS This Morning ", but also left the door open.
    Syrian field hospital hit after chemical attack

    Syrian field hospital hit after chemical attack

    The attack would not be the first time regime forces have been accused of using chemical attacks against their own people. There was no comment from the government in Damascus or any worldwide agency in the immediate aftermath of the attack.
  • Nickelodeon Is Making An 'Invader Zim' Movie

    Nickelodeon Is Making An 'Invader Zim' Movie

    Like lots of our favorite 1990s and early 2000s Nickelodeon shows, Invader Zim has retained a cult base of loyal fans. This movie will likely pick up where the series left off, letting Zim jumpstart one more plan to conquer Earth.
    Honda sales fall just under 1 percent as Acura struggles

    Honda sales fall just under 1 percent as Acura struggles

    Cls Investments Ltd Company accumulated 235 shares. 153,150 are held by Metropolitan Life Ins Com New York. Lucara Diamond Corp (TSE:LUC) has declined 27.12% since August 25, 2016 and is downtrending.
    Jordan Spieth ready to bury Masters meltdown

    Jordan Spieth ready to bury Masters meltdown

    Jon Rahm has gone from rising star to bonafide star real quick, and he's been outside the Top 10 just once since late January . Tough for the patrons, especially those here for the first time to The Masters, but it did not seem to bother the players.
  • Pink diamond auctioned for record $71.2M in Hong Kong

    Tobias Kormind of 77 Diamonds, an online diamond jewelery seller, said he expects it to sell for more than $100 million. Unearthed in Africa almost 20 years ago by De Beers, the CTF Pink was originally a colossal 132-carat rough diamond.
    Samsung Galaxy S8, Galaxy S8+ pre-registrations now open in India

    Samsung Galaxy S8, Galaxy S8+ pre-registrations now open in India

    As for the chipset, the S8 and S8 Plus are coming with Snapdragon 835 and those are the only devices that are powered by it. Year after year, Samsung manages to come up with better OLED displays for its high-end Galaxy S and Galaxy Note screens.
    Golden: De Blasio's Rikers closure plan could handcuff city

    Golden: De Blasio's Rikers closure plan could handcuff city

    Plans for Rikers Island were revealed Sunday after Mayor Bill de Blasio vowed to close the jail facility Friday . Jonathan Lippman, former chief judge of the New York State Court of Appeals, studying the jail complex.
  • Taser changes name in shift to software, police services

    Taser changes name in shift to software, police services

    The Axon-related sales saw a much bigger jump, almost doubling from a year earlier, while Taser sales went up by about a quarter. The Seattle Police Department decided in November to purchase body cameras from the Taser unit for 850 officers.
    SC  wins 1st national title, beats Miss St 67-55

    SC wins 1st national title, beats Miss St 67-55

    Unfortunately, their efforts did not allow CT to take the lead over Mississippi State for the remainder of the quarter. MISSISSIPPI STATE: The Bulldogs should have tournament hero Morgan William and athletic forward Victoria Vivians back.

    Iceland to make equal pay the law for men and women

    It is held in April to symbolize how far into the year women must work to earn what men earned in the previous year. It's a fight continuing more than a half century after President Kennedy signed the Equal Pay Act in 1963.

We are pleased to provide this opportunity to share information, experiences and observations about what's in the news.
Some of the comments may be reprinted elsewhere in the site or in the newspaper.
Thank you for taking the time to offer your thoughts.