Courts mull reach of civil rights law
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At least three appellate courts are expected to rule on the issue of whether Title VII of the Civil Rights Act of 1964 protects against sexual orientation discrimination.
• In July, a three-judge panel of the 7th U.S. Circuit Court of Appeals in Chicago said in its ruling in Kimberly Hively v. Ivy Tech Community College, South Bend that it was “beyond the scope” of Title VII to extend protection against sexual orientation discriminations.
The case was filed by a lesbian part-time adjunct professor at Ivy Tech Community College in South Bend, Indiana. Ms. Hively claimed the college had refused to interview her for any of the six full-time positions for which she applied over a five-year period because of sexual orientation discrimination. In October, the 7th Circuit agreed to hear the case en banc and vacated the ruling. Oral arguments are scheduled for Nov. 30.
• Matthew Christiansen v. Omnicom Group Inc. et al. is now before the 2nd U.S. Circuit Court of Appeals in New York. Mr. Christiansen had filed suit against his employer, New York-based DDB Worldwide Communications Group Inc., charging harassment by a supervisor in violation of Title VII, among other charges. The U.S. District Court in New York granted Omnicom summary judgment dismissing the case in March.
A rare amicus brief filed by 128 congressional Democrats has asked the appeals court to extend Title VII’s protection to sexual orientation discrimination. The case is scheduled to be heard in January.
• The 11th U.S. Circuit Court of Appeals in Atlanta is considering Jameka K. Evans v. Georgia Regional Hospital et al., a case filed by a former hospital security guard who said she was targeted for termination because of her perceived homosexuality. The U.S. District Court in Savannah, Georgia, dismissed the case in October 2015. Oral arguments in Ms. Evans’ appeal are scheduled for Dec. 15.
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