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Seventh Circuit Holds Employees May Bring Sexual Orientation Employment Discrimination Claims

Posted in Case Notes Commentary on By Lann McIntyre

The Seventh Circuit has become the first federal circuit court of appeals to rule that employees may bring sexual orientation discrimination claims under Title VII. This case directly affects state and local governments in their capacity as employers in Indiana, Illinois, and Wisconsin.

Title VII of the Civil Rights Act of 1964 makes it unlawful for employers to discriminate on the basis of a person’s “race, color, religion, sex, or national origin.”

Kimberly Hively is openly lesbian. She sued Ivy Tech Community College where she taught as a part-time, adjunct professor. She applied for at least six full-time positions between 2009 and 2014, didn’t receive any of them, and in July 2014, her part-time contract was not renewed. She believes her sexual orientation is the reason.

The Seventh Circuit had long held that sexual orientation discrimination claims weren’t cognizable under Title VII. The court decided to revisit this conclusion “in light of developments at the Supreme Court extending over two decades.” These decisions include Obergefell v. Hodges (2015), which granted same-sex couples a constitutional right to marry.  Continue reading →

 

What Happens Now to Supreme Court Transgender Bathroom Case?

Posted in Case Notes Commentary on By Lann McIntyre

The fate of the most controversial case the Supreme Court has agreed to decide this term is uncertain now that the Department of Education (DOE) has issued a “Dear Colleague” letter withdrawing a previous letter requiring school districts to allow transgender students to use the bathroom consistent with their gender identity.

Title IX prohibits school districts that receive federal funds from discriminating “on the basis of sex.” A Title IX regulation states if school districts maintain separate bathrooms (locker rooms, showers, etc.) “on the basis of sex” they must provide comparable facilities for the other sex. In a 2015 letter, DOE interpreted the Title IX regulation to mean that if schools provide for separate boys’ and girls’ bathrooms, transgender students must be allowed to use the bathroom consistent with their gender identity. The new “Dear Colleague” letter takes no position on whether the term “sex” in Title IX includes gender identity.

G.G. is biologically female but identifies as a male. The Gloucester County School Board prevented him from using the boys’ bathroom. He sued the district arguing that it discriminated against him in violation of Title IX. Continue reading →

 

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on By Kira Klatchko

Here are last week’s published decisions involving local governments:court collumn

Second Circuit

  • Raspardo v. Carlone, No. 12-1686 (Oct. 6, 2014): In 1983 Title VII employment discrimination case brought by female police officers alleging hostile work environment and disparate treatment, the court affirmed denial of qualified immunity for one officer on hostile-work-environment claim, and reversed denial of qualified immunity for other officers.
  • Sunrise Detox V, LLC v. City of White Plains, No. 13-2911 (Oct. 2, 2014): In case in which  City denied request for facility to provide care for those recovering from alcohol and drug abuse because facility did not satisfy zoning requirements, the court affirmed district court’s determination that it lacked subject-matter jurisdiction over ADA suit. Suit was not ripe because applicant had not sought variance or appealed the zoning decision.
  • Grogan v. Blooming Grove Volunteer Ambulance Corps, No. 13-656 (Sept. 29, 2014): The court affirmed dismissal of 1983 action after it determined that private emergency medical care and general ambulance services contracted for by municipality do not constitute “state action.”

Seventh Circuit Continue reading →

 

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on By Kira Klatchko

Here are last week’s published decisions involving local governments:law books

Sixth Circuit

Hescott v. City of Saginaw, No. 13-2103 (July 2, 2014) (ruling that district court erred denying attorney’s fees to Hescotts in their successful 1983 action claiming that the City had unconstitutionally seized their personal effects by demolishing their property).

Seventh Circuit

Scherr v. City of Chicago, No. 13-1992 (July 2, 2014) (affirming that 1983 suit against officer based on alleged Fourth-Amendment violation was properly dismissed). Continue reading →

 

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on By Kira Klatchko

Here are last week’s published decisions involving local governments:prison

Third Circuit

  • Thomas v. Cumberland County, No. 12-3959 (Apr. 11, 2014) (in suit alleging that the County failed to properly train officers to prevent attack by other inmates, vacating the district court’s order of summary judgment for the County because a reasonable jury could find that the County acted with deliberate indifference).

Sixth Circuit

Seventh Circuit Continue reading →

 

Monday Morning Review: Local Governments in the Federal Appellate Courts

Posted in Monday Morning Review on By Kira Klatchko

Here are last week’s published decisions involving local governments:FedPrac

First Circuit

Fifth Circuit