Employment Law This Week (Episode 37: Week of August 8, 2016) has released bonus footage of its interview with Jeremy M. Brown, a Member of the Firm at Epstein Becker Green.
As Mr. Brown discusses, a panel of the U.S. Court of Appeals for the Seventh Circuit has ruled that Title VII of the Civil Rights Act of 1964 (Title VII) does not cover sexual orientation bias. A teacher at a community college filed suit after being passed over six times for a full-time position, alleging that the rejections were based on her being a lesbian. The Seventh Circuit panel, in Hively v. Ivy Tech Community College, upheld a lower court's dismissal of the case, noting that sexual orientation is not included in the workplace protections covered under Title VII. The three-judge panel criticized this lack of protection but said that any change must come from the U.S. Supreme Court or a new federal law from Congress.