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Gay Rights: LGBTQ Employees Protected By Civil Rights Act

In what is a first for a federal appellate court, the 7th U.S. Circuit Court of Appeals ruled today in Chicago that the 1964 Civil Rights Act protects LGBTQ employees from workplace discrimination. The decision also rejects one made in July that argued such discrimination was not prohibited under Title VII.

The ruling was brought about by a lawsuit by indiana teacher Kimberly Hively, who alleged the Ivy Tech Community College in South Bend refused to hire her full-time because she was a lesbian. She was represented by Lamda Legal, which lauded the win as a “game changer”.

“This decision is 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,” said Lambda Legal Employment Fairness Program Director Greg Nevins.

The Human Rights Campaign (HRC) also praised the decision, calling it a “monumental victory.”

“This critically important Circuit Court decision has adopted a well-grounded legal analysis concluding that our nation’s civil rights laws include sexual orientation,” said Human Rights Campaign Legal Director Sarah Warbelow. “Today’s ruling is a monumental victory for fairness in the workplace, and for the dignity of lesbian, gay and bisexual Americans who may live in fear of losing their job based on whom they love.”

In a previous study by the Williams Institute of the UCLA School of Law, 43% of LGBTQ workers have experienced workplace discrimination. A 2014 report by the HRC also discovered that 62% of LGBTQ individuals hear anti-LGBTQ slurs and jokes in the workplace.

How do you guys feel about this legal success? And on a more personal note, Have any of you experienced workplace discrimination? How did you deal with it? Share your stories with us in the comments section below.


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