The Arizona Republic

Gay workers clear key civil rights hurdle

Federal appeals court highest to rule that law protects LGBT employees from discrimina­tion

- Richard Wolf The appeals court ruling on workplace discrimina­tion comes less than two years after the Supreme Court legalized same-sex marriage.

@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

 ?? JACQUELYN MARTIN, AP ??
JACQUELYN MARTIN, AP

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