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Kimberly Hively, an open Lesbian, began teaching as a part time, adjunct professor at Ivy Tech Community College in 2000. Over many years she applied and was denied for many full time teaching positions.  In 2014, her part time contract was terminated with the College.

She filed suit against the college, acting pro se, claiming that she had been discriminated against because of her sexual orientation.  The case was dismissed by the district court.  Now being represented by Lambda Legal Defense & Education Fund, the case was appealed to the US 7th Circuit.

In the case of Hively v Ivy Tech Community College the US 7th Circuit stated:

“For many years, the courts of appeals of this country understood the prohibition against sex discrimination to exclude discrimination on the basis of a person’s sexual orientation. The Supreme Court, however, has never spoken to that question. In this case, we have been asked to take a fresh look at our position in light of developments at the Supreme Court extending over two decades. We have done so, and we conclude today that discrimination on the basis of sexual orientation is a form of sex discrimination. We therefore reverse the district court’s judgment dismissing Kimberly Hively’s suit against Ivy Tech Community College and remand for further proceedings.”

Obviously this will not be the last word on this topic.

If you would like to read the entire 7th Circuit Decision Click Below

Hively v Ivy Tech Community College

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