New Seventh Circuit Court of Appeals Case Holds that Sex = Sexual Orientation


Laws governing employment discrimination based on sexual orientation are changing.

  • EEOC has consistently issued guidance that “sex” includes sexual orientation and gender identification.
  • As much as EEOC had wanted it to, until April 4, 2017, no court had held that Title VII barred sexual orientation discrimination.
  • Seventh Circuit Federal Court of Appeals (Illinois, Indiana, and Wisconsin) ruled that sex discrimination extends to sexual orientation Hively v. Ivy Tech Community College of Indiana (April 4, 2017)
  • This is the law in Illinois, Indiana, and Wisconsin and provides persuasive authority for our Federal Circuit, the Fourth Circuit.

If you have questions about employment law issues, please contact Tracy Stroud at 252-321-2020.