Hively v. Ivy Tech Community College

Dist. Ct. erred in dismissing for failure to state cause of action plaintiff-university professor’s Title VII action alleging that defendant-college blocked her from obtaining full-time employment and ultimately terminated her on account of her sexual orientation. While Dist. Ct.’s dismissal was in conformity with Seventh Circuit case law at time it was entered, Ct. of Appeals, in overruling Hamner, 224 F.3d 701 and other cases, found that sexual orientation discrimination is form of sex discrimination under Title VII involving either prohibited gender stereotyping or discrimination on basis of sex with whom person associates. (Dissent filed.)