In 28 states, it’s still legal to fire somebody for being LGBT. But there’s a court case brewing that could finally help us bring that number to zero.
The 7th Circuit Court of Appeals has announced that it will review Hively vs. Ivy Tech College. In that case, a lesbian professor named Kimberly Hively says her former employer discriminated against her, denying her a promotion six times because of her sexual orientation.
Back in July, a panel reviewed the case and decided that Title VII didn’t cover sexual orientation. But now the 7th Circuit is stepping in, and the case may even end up at the Supreme Court down the road:
Last Tuesday, the 7th Circuit Court of Appeals said they would rehear the case in a rare procedure known as en banc review, which is when the three-judge ruling is reviewed by all judges on the 7th Circuit. Arguments for the review have been set for November 30. In addition to the en banc review, the court of appeals also vacated the three-judge’s ruling.
This is yet another case in a series of cases at different courts asking the same question if sexual orientation and gender identity are covered under Title VII of the 1964 Civil Rights Act. It’s evident that LGBT people aren’t clearly protected under “sex” discrimination of Title VII. It’s super important that Congress extends the federal anti-discrimination law to cover sexual orientation and gender identity through the Equality Act to provide clear-cut protection for LGBT people not just in the workplace but in housing, education, public accommodations, credit, juries etc.
Go go go. End workplace discrimination once and for all.
By the way, the number of states that allow workplace discrimination against trans people is 32 now. My home state of NY, despite having a reputation for being deep blue, is one of those states. Hopefully this decision will bring this number to 0, too.