Connect with us

Federal Appeals Court Rules Sexual Orientation Is Protected Against Workplace Discrimination by the Civil Rights Act

Published

on

Discrimination on the Basis of Sexual Orientation Is a Form of Sex Discrimination

The full 7th Circuit Court of Appeals has just ruled 8-3 that the Civil Rights Act of 1964 protects LGBT people from workplace discrimination. This is a historic ruling, given that the full court reviewed the case, Hively v. Ivy Tech, en banc. This is, as the AP notes, “the first time a federal appellate court has come to that conclusion.” The court had agreed to hear the case in October, and heard arguments in November.

The court ruled that discrimination on the basis of sexual orientation is a form of sex discrimination.

The AP notes that during arguments, “Judge Richard Posner asked the attorney for the community college, John Maley: ‘Who will be hurt if gays and lesbians have a little more job protection?’ When Maley said he couldn’t think of anyone who would be harmed, Posner shot back, ‘So, what’s the big deal?’ Posner also said it was wrong to say a decades-old statute is ‘frozen’ on the day it passed and that courts can never broaden its scope.”

Hively (photo), a teacher, “was denied full-time employment at Ivy Tech Community College in South Bend, Indiana, six different times and eventually terminated because she is a lesbian,” the national LGBT rights legal organization Lambda Legal, which is representing Hively, noted last year. 

The ruling concludes that “Ivy Tech allegedly refused to promote Professor Hively because she was homosexual—or (A) a woman who is (B) sexually attracted to women. Thus, the College allegedly discriminated against Professor Hively, at least in part, because of her sex. I conclude that Title VII, as its text provides, does not allow this.”

The Court is clearly aware of the world around it. Fox News even made it into the ruling.

“But it has taken our courts and our society a considerable while to realize that sexual harassment, which has been pervasive in many workplaces (including many Capitol Hill offices and, notoriously, Fox News, among many other institutions), is a form of sex discrimination,” Judge Posner wrote. “It has taken a little longer for realization to dawn that discrimination based on a woman’s failure to fulfill stereotypical gender roles is also a form of sex discrimination. And it has taken still longer, with a substantial volume of cases struggling and failing to maintain a plausible, defensible line between sex discrimination and sexual-orientation discrimination, to realize that homosexuality is nothing worse than failing to fulfill stereotypical gender roles.”

Last month a three-judge panel on the 11th Circuit Court of Appeals ruled Title VII of the Civil Rights Act does not prohibit employers from discriminating against workers on the basis of sexual orientation. It’s unclear what will happen next.

UPDATE I: 7:34 PM EDT –

UPDATE II: 7:40 PM EDT – 
Via Lambda Legal:

“Love won again today,” said Lambda Legal CEO Rachel B. Tiven. “Kim Hively loved her job teaching math at Ivy Tech Community College, but she was fired because she is a lesbian. Today the 7th Circuit said clearly: that’s wrong. Our movement is about love and pride.  Pride in yourself and your work, and the freedom to love and to be treated equally.  Even in these challenging times, Lambda Legal continues to win in court and make our country better.”

“I have been saying all this time that what happened to me wasn’t right and was illegal. Now I will have my day in court, thanks to this decision,” said Kimberly Hively. “No one should be fired for being lesbian, gay, or transgender like happened to me and it’s incredibly powerful to know that the law now protects me and other LGBT workers.”

 

Image via Lambda Legal

To comment on this article and other NCRM content, visit our Facebook page.

This is a breaking news and developing story. Details may change. This story will be updated, and NCRM will likely publish follow-up stories on this news. Stay tuned and refresh for updates.

Related Topics:
Continue Reading
Click to comment
 
 

Enjoy this piece?

… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.

NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.

Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.

News

Fox News Host Suggests Trump ‘Force’ Court to Throw Him in Jail – by Quoting Him

Published

13 hours ago

on

April 19, 2024

By

The Fox News host who targeted a juror serving on Donald Trump’s criminal New York trial is now suggesting the ex-president should violate his gag order and “force” the court to throw him in jail, by quoting the Fox News host.

Jesse Watters came under fire earlier this week for profiling juror number two, sharing possibly identifying information published by a myriad of reporters but then using that information to pass judgment on her ability to serve.

“I’m not so sure about juror number two,” Watters concluded on Fox News.

Jurors, at the judge’s direction, were to remain anonymous, for their protection and the protection of the trial.

The judge excused her, after she said she felt she was not able to be impartial because friends and family were calling her asking if she had been chosen to serve on the Trump trial, after the media blitz.

New York Supreme Court Judge Juan Merchan admonished the press for reporting the information, but some news outlets appeared to ignore his warning.

Watters on Wednesday “did a segment with a jury consultant, revealing details about people who had been seated on the jury and questioning whether some were ‘stealth liberals’ who would be out to convict Trump,” the Associated Press reported.

READ MORE: Gaetz: ‘Corrupt’ Republicans Could ‘Take a Bribe’ and Throw House to Dems, Blocking Trump Run

Trump later posted Watters’ quote on his Truth Social platform, leading some, including New York prosecutors, to ask the judge to cite him for allegedly breaking his gag order.

Judge Merchan ordered Trump to not mention witnesses, jurors, prosecutors, court staff, or the family members of prosecutors and court staff, CNN has reported.

New York prosecutors told Juge Merchan Trump has violated the gag order at least ten times.

“Prosecutor Christopher Conroy described the ‘most disturbing’ example as a social media message Trump posted on Wednesday evening quoting a Fox News host as saying, ‘They are catching undercover Liberal Activists lying to the Judge in order to get on the Trump Jury,'” Politico reports.

That host was Jesse Watters.

RELATED: ‘Afraid and Intimidated’: Trump Trial Juror Targeted by Fox News Dismissed

Friday afternoon, Watters appeared to egg Trump on, urging the ex-president to violate the gag order.

“I would make them put me in jail,” Watters said on Fox News. “I would have a tweet about something perhaps I said on ‘The Five’ or ‘Jesse Watters Primetime,’ and I would force them to throw me in jail.”

Watch Watters’ remark below or at this link.

 

Continue Reading

News

Gaetz: ‘Corrupt’ Republicans Could ‘Take a Bribe’ and Throw House to Dems, Blocking Trump Run

Published

15 hours ago

on

April 19, 2024

By

U.S. Rep. Matt Gaetz (R-FL) says some of his fellow House Republicans would “take a bribe” to throw the razor-thin GOP majority to the Democrats if a far-right faction calls up a motion to oust Speaker of the House Mike Johnson, allowing Democrats to hand the gavel to the Minority Leader, Hakeem Jeffries. he warned if that happens, Democrats would immediately declare Trump ineligible to be President, pack the U.S. Supreme Court, and pass numerous laws like the American Rescue Plan.

“I do believe in a one seat majority there could be one or two or three of my colleagues who would take a bribe in one form or another in order to deprive the Republicans of a majority at all,” Gaetz said Friday on his podcast (video below.)

He added, “the risk that one or two of my corrupt Republican colleagues might take a bribe, take a walk, feign an ailment and flip this thing to the Democrats is a risk that is too high for me at this time.”

Gaetz’s fellow far-right Florida Republican member of Congress, Anna Paulina Luna, told listeners, “I heard that when, if and when the motion vacate is introduced, that there will be immediate resignations of a couple of more moderate members of Congress. And in the event that that happens, that ultimately means it does go to a Democrat speaker.”

RELATED: Jeffries Vows Democrats Will Ensure Ukraine Aid Passes as Johnson Defectors Grow

U.S. Rep. Marjorie Taylor Greene (R-GA) last month filed a “motion to vacate,” which she can use at any time to force a vote to oust the GOP Speaker, Mike Johnson. U.S. Rep. Tim Massie (R-KY) and just today, U.S. Rep. Paul Gosar (R-AZ) has signed on as co-sponsors.

Congressman Gaetz told listeners if Democrats do take the House through a force vote to remove Johnson, Democrats would “be declaring Donald Trump an insurrectionist and setting up a barrier to him being able to become the president United States.”

“That’ll be their leadoff hitter, and then the chaser to that shot will be a massive spending package that looks a lot more like the American Rescue Plan. They will blow past every concept of every cap ever imagined. You’ll be looking at Universal Basic Income, you could be looking at packing the Supreme Court.”

Watch a short clip of Gaetz’s remarks below or at this link.

READ MORE: ‘Stop Bringing Up Nazis and Hitler’: Marjorie Taylor Greene Smacked Down by Democrats

Continue Reading

News

Jeffries Vows Democrats Will Ensure Ukraine Aid Passes as Johnson Defectors Grow

Published

18 hours ago

on

April 19, 2024

By

Democratic House Minority Leader Hakeem Jeffries vowed Friday the majority of Democrats will support Republicans’ Ukraine, Israel, Taiwan, and Gaza foreign aid legislation as Republican Speaker Mike Johnson lost support of another member of his conference to a faction determined to oust him.

“Democrats will provide a majority of our majority as it relates to funding Israel, humanitarian assistance, Ukraine, and our allies in the Indo Pacific,” Minority Leader Jeffries said. “It remains to be seen what Republicans will do in terms of meeting the national security needs of the American people, but it was important for House Democrats to ensure that the national security bills are going to be considered.”

Despite Republicans having a one-vote majority, more Democrats on Friday voted to move the critical and long-awaited foreign aid bills forward than did Republicans.

READ MORE: ‘Stop Bringing Up Nazis and Hitler’: Marjorie Taylor Greene Smacked Down by Democrats

The 316-94 vote included 165 Democrats and 151 Republicans voting yes, and 55 Republicans and 39 Democrats voting no.

Axios’ Juliegrace Brufke posted the list of Republicans voting against their party’s legislation.

Calling it a “rare” moment in modern congressional history to have to rely on opposition party votes to pass legislation, BBC News reports Speaker Johnson’s “hold on power is tenuous, and the legislators who oppose him – and his bid to provide aid to Ukraine – occupy some key positions within the House’s power structure.”

Amid the procedural vote to move the foreign aid funding bills forward, U.S. Rep. Paul Gosar, a far-right Republican of Arizona, announced he is joining Congresswoman Marjorie Taylor Greene (R-GA), and Congressman Tim Massie (R-KY) in formally announcing their will vote to oust Speaker Johnson.

Gosar, like Greene, is reportedly a Christian nationalist. In 2022 CNN reported his “lengthy ties to White nationalists, [a] pro-Nazi blogger and far-right fringe received little pushback for years.”

RELATED: ‘Repercussions’: Democrats and Republicans Stand Against ‘Pro-Putin’ House GOP Faction

“We’ve been very honest in our assessment of the situation from the beginning,” Jeffries on Friday also declared. “At the appropriate time as House Democrats, we will have a conversation about how to deal with any hypothetical motion to vacate.”

“Moscow Marjorie Taylor Greene, Massie, and Gosar are quite a group. But central to our conversation is to make sure that the national security legislation in totality is passed by the House of Representatives.”

Watch the videos above or at this link.

 

Continue Reading

Trending

Copyright © 2020 AlterNet Media.