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Hively v. Ivy Tech Community College

United States Court of Appeals for the Seventh Circuit
853 F.3d 339 (7th Cir. 2017) (en banc)



Kimberly Hively (plaintiff) was a lesbian who worked as a part-time professor at Ivy Tech Community College (Ivy Tech) (defendant). Hively was hired in 2000, and between 2009 and 2014, Hively applied for six full-time positions at Ivy Tech but was not hired. In 2014, her part-time contract was not renewed. Hively brought suit under Title VII of the Civil Rights Act of 1964, claiming that Ivy Tech was discriminating against her on the basis of her sexual orientation. The district court dismissed the complaint. A panel of the United States Court of Appeals for the Seventh Circuit affirmed. The court of appeals granted Hively’s petition for rehearing en banc.

Rule of Law


Holding and Reasoning (Wood, C.J.)

Concurrence (Flaum, J.)

Concurrence (Posner, J.)

Dissent (Sykes, J.)

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