HIVELY v. IVY TECH COMMUNITY COLLEGE OF INDIANA

No. 15-1720.

853 F.3d 339 (2017)

Kimberly HIVELY, Plaintiff-Appellant, v. IVY TECH COMMUNITY COLLEGE OF INDIANA, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 4, 2017.


Attorney(s) appearing for the Case

Gregory R. Nevins , Attorney, Lambda Legal Defense & Education Fund, Atlanta, GA, Jon W. Davidson , Attorney, Lambda Legal Defense And Education Fund, Inc., Los Angeles, CA, Omar Gonzalez-Pagan , Attorney, Lambda Legal Defense & Education Fund, New York, NY, for Plaintiff-Appellant.

Adam Lee Bartrom , Jason T. Clagg , Attorneys, Barnes & Thornburg LLP, Fort Wayne, IN, John Robert Maley , Attorney, Barnes & Thornburg LLP, Indianapolis, IN, for Defendant-Appellee.

Shannon Price Minter , Attorney, National Center for Lesbian Rights, San Francisco, CA, for Amicus Curiae National Center for Lesbian Rights.

Mary Lisa Bonauto , Attorney, Gay & Lesbian Advocates & Defenders, Boston, MA, for Amicus Curiae GLBTQ Legal Advocates & Defenders.

Gail S. Coleman , Attorney, Equal Employment Opportunity Commission, Washington, DC, for Amicus Curiae Equal Employment Opportunity Commission.

Ria Tabacco Mar , Attorney, American Civil Liberties Union, New York, NY, for Amicus Curiae America Civil Liberties Union.

Evan Chesler , Attorney, Cravath, Swaine & Moore, New York, NY, for Amicus Curiae Five Members of Congress.

Before Wood, Chief Judge, and Bauer, Posner, Flaum, Easterbrook, Ripple, Kanne, Rovner, Williams, Sykes, and Hamilton, Circuit Judges.


Title VII of the Civil Rights Act of 1964 makes it unlawful for employers subject to the Act to discriminate on the basis of a person's "race, color, religion, sex, or national origin...." 42 U.S.C. § 2000e-2(a). For many years, the courts of appeals of this country understood the prohibition against sex discrimination to...

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