Here’s What This Means
The Indiana community college that lost its sex discrimination case before the entire 7th Circuit Court of Appeals Tuesday has announced it will not appeal the case to the U.S. Supreme Court. Ivy Tech Community College in South Bend, Indiana was sued by a teacher denied full-time employment six times. A lesbian, she sued, accusing her employer of sex discrimination under Title VII of the Civil Rights Act of 1964. An en banc review of her case found, by an 8-3 ruling, that sexual orientation discrimination is sex discrimination, and therefore illegal.
There have been other federal circuit courts who have addressed the issue, in part, or “sidestepped” it, as The Huffington Post noted Wednesday, but this is the first time a full appellate court has reached the conclusion that discrimination in the workplace based on sexual orientation is illegal.
Unfortunately, the ruling only affects states under the protection of the 7th Circuit Court. So now, it is against federal law to discriminate against workers in Illinois, Indiana, and Wisconsin on the basis of sexual orientation. In the other 47 states, it is not against federal law to do so, at least until another appellate court makes it so, or the U.S. Supreme Court does.
Given that Judge Neil Gorsuch likely will be confirmed by the Senate on Friday, it may be more difficult to accomplish that goal.
A few more points.
Lambda Legal CEO Rachel Tiven notes that “courts in four federal circuits have already held that discriminating against someone because they are transgender or gender non-conforming is sex discrimination, and it is against the law.”
Tiven adds that although the ruling only applies in three states, it “sends a powerful signal to the other federal circuit courts around the country that are considering the same issues right this minute.”
She makes clear: “As activists, it is time to change our message: rather than tell LGBT people that they are not protected from discrimination at work, we must ensure our community knows that the law does protect them. And if they are harassed or discriminated against because of their sexual orientation or gender identity, they can and should take action.”
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Image via Lambda Legal
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