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Member, Beacon International Group, Ltd.
In a ground-breaking ruling, an en banc 7th U.S. Circuit Court of Appeals in Chicago has ruled that sexual orientation is protected under Title VII of the Civil Rights Act of 1964. With the 7th Circuit’s 8-3 ruling in Kimberly Hively v. Ivy Tech Community College of Indiana creating a circuit split, it is now likely the issue will eventually be considered by the U.S. Supreme Court. In March, the 11th U.S. Circuit Court of Appeals in Atlanta held in Jameka K. Evans v. Georgia Regional Hospital that Title VII does not protect employees from discrimination on the basis of sexual orientation.