Gay workers clear key civil rights hurdle
Federal appeals court highest to rule that law protects LGBT employees from discrimination
@richardjwolf USA TODAY
A federal appeals court in Chicago ruled Tuesday that a 1964 law barring sex discrimination extends to sexual orientation, marking a major workplace victory for gays and lesbians.
The 8-3 decision by the full U.S. Court of Appeals for the 7th Circuit, which overturned a three-judge panel’s ruling, represents another step in the effort by gay rights groups to extend their 2015 nationwide victory on same-sex marriage to other areas, including jobs, housing and public accommodations.
“It is actually impossible to discriminate on the basis of sexual orientation without discriminating on the basis of sex,” Chief Judge Diane Wood wrote for the majority. “It would require considerable calisthenics to remove the ‘sex’ from ‘sexual orientation.’ ”
The ruling on behalf of Kimberly Hively, an instructor at Ivy Tech Community College in South Bend, Ind., fired because she is lesbian, makes the 7th Circuit the highest federal court to protect LGBT people under the 1964 Civil Rights Act’s prohibition against sex discrimination. Title VII of that law also bans discrimination on the basis of race, color, national origin and religion.
Greg Nevins of Lambda Legal, which brought the case, said it is a “game-changer for lesbian and gay employees facing discrimination in the workplace and sends a clear message to employers: It is against the law to discriminate on the basis of sexual orientation.”
Judge Richard Posner, in a concurrence, said: “I don’t see why firing a lesbian because she is in the subset of women