Full 7th Circuit hears LGBT-workplace bias appeal

Full 7th Circuit Hears LGBT-Workplace Bias Appeal

IL for www.theindianalawyer.com

The entire 7th Circuit Court of Appeals has heard arguments on whether the 1964 Civil Rights Act covers workplace discrimination against LGBT workers.

A lawyer for Ivy Tech Community College in South Bend sued by former teacher Kimberly Hively, a lesiban, told the Chicago-based court Wednesday it does not and that only Congress can extend those protections.

But Judge Richard Posner said courts sometimes broadened a law’s scope and suggested it may be time to broaden the 52-year-old landmark law.

Posner asked, “Who will be hurt if gays and lesbians have a little more job protection?” Barnes & Thornburg LLP attorney John Maley said he couldn’t think of anyone. Posner responded, “So, what’s the big deal?”

The law bars workplace bias based on race, religion or sex. Maley said Congress didn’t intend for the word ‘sex’ to include sexual-orientation discrimination.

“For too long, LGBT employees have been forced to conceal their true identity at work for fear of backlash and discrimination. It’s nothing short of a ‘don’t ask, don’t tell,’ policy in the workplace,” said Greg Nevins, counsel and workplace fairness program director for Lambda Legal, in a statement following the arguments. “In 2017, hardworking employees should not have to live in the closet in order to keep their jobs.”

Lambda Legal is representing Hively before the 7th Circuit. She filed her lawsuit against Ivey Tech pro se in August 2014, claiming she was denied full-time employment and promotiosn after she had been seen kissing her then-girlfriend in the parking of the school. She argued it was a violation of Title VII, but the trial court dismissed her lawsuit. The 7th Circuit affirmed earlier this year, leading Lambda Legal to request a rehearing en banc.

This story will be updated.