A Fresh Look at Title VII: Sexual Orientation Discrimination as Sex Discrimination

35 ILL. PUB. EMP. REL. REP. 4 (2018)

24 Pages Posted: 23 May 2018  

Anthony Michael Kreis

Chicago-Kent College of Law

Date Written: May 11, 2018

Abstract

Since 2006, the Illinois Human Rights Act has prohibited discrimination in employment because of an employee’s sexual orientation or gender identity. Until 2017, employees discriminated against because of their sexual orientation had no federal cause of action, however. In a landmark decision, Hively v. Ivy Tech, the Court of Appeals for the Seventh Circuit became the first appellate court to hold that federal law’s prohibition of sex discrimination in the workplace also proscribed sexual orientation discrimination. The Hively decision is a substantial departure from decades’ worth of Seventh Circuit precedent and created a split between the circuits. This Article examines the Seventh Circuit’s interpretation of Title VII and how it may auger the future of sexual orientation discrimination claims under federal law.

Keywords: employment discrimination, LGBT rights, statutory interpretation, legislation, civil rights

Suggested Citation

Kreis, Anthony Michael, A Fresh Look at Title VII: Sexual Orientation Discrimination as Sex Discrimination (May 11, 2018). 35 ILL. PUB. EMP. REL. REP. 4 (2018). Available at SSRN: https://ssrn.com/abstract=3177112

Anthony Michael Kreis (Contact Author)

Chicago-Kent College of Law ( email )

565 W. Adams St.
Chicago, IL 60661-3691
United States

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