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Statutes and the Creation of Public Policy Keyed to Eskridge, 7th Ed.
Hively v. Ivy Tech Community College
Citation:
853 F.3d 339 (2017)Facts
Kimberly Hively began teaching as a part-time, adjunct professor at Ivy Tech Community College’s South Bend campus in 2000. She is openly lesbian. Between 2009 and 2014, hoping to improve her employment situation, she applied for at least six full-time teaching positions at the college. Despite her qualifications and years of service, all of her applications were rejected. In July 2014, the college declined to renew her part-time teaching contract. Believing that Ivy Tech was rejecting her because of her sexual orientation, Hively filed a pro se charge with the Equal Employment Opportunity Commission on December 13, 2013, alleging discrimination based on sexual orientation in violation of Title VII. After receiving a right-to-sue letter, she filed suit in federal district court. The district court dismissed her complaint, and a panel of the Seventh Circuit affirmed, both relying on longstanding circuit precedent holding that Title VII does not prohibit sexual orientation discrimination.
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