Hively v. Ivy Tech Cmty. Coll., No. 15-1720 (7th Cir. 2016)Annotate this Case
Hively began teaching as a part‐time adjunct professor at Ivy Tech in 2000. In 2013, she filed a charge with the Equal Employment Opportunity Commission (EEOC) claiming that she had been “discriminated against on the basis of sexual orientation” as she had been “blocked from fulltime [sic] employment without just cause.” After exhausting the procedural requirements in the EEOC, she filed suit, pro se, under the Civil Rights Act of 1964, 42 U.S.C. 2000e (Title VII). The district court dismissed. The Seventh Circuit affirmed. Title VII does not apply to claims of sexual orientation discrimination. The court relied on precedent, but acknowledged the EEOC’s criticism of its position and that “It seems unlikely that our society can continue to condone a legal structure in which employees can be fired, harassed, demeaned, singled out for undesirable tasks, paid lower wages, demoted, passed over for promotions, and otherwise discriminated against solely based on who they date, love, or marry.”
The court issued a subsequent related opinion or order on August 3, 2016.