If you've read my article, Five Thing Every Employee Needs to Know, then you know that employers are prohibited from discriminating against someone on the basis of:

• Race or Color, National Origin, Sex, and Religion (Title VII and Section 1981);
• Physical and Mental Disability (The Americans with Disabilities Act);
• Age (The Age Discrimination in Employment Act)
• Gender (The Equal Pay Act).

In 2017, the 7th Circuit in Hively v. Ivey Tech Community College banned discrimination on the basis of an individual's sexual orientation. The court reasoned that discrimination on the basis of someone's sexual orientation is a form of sex discrimination, thus, the court is not amending Title VII, the court is merely interpreted what it means to discriminate on the basis of sex.

The courts' decision now allows homosexual, heterosexuals and lesbians to file a claim of discrimination on the basis of their sexual orientation in the 7th Circuit. Thus, you can go to the Equal Employment Office Commission and file a charge of discrimination on the basis of sexual orientation by checking the box that you were discriminated against based on your sex.

The Supreme Court has declined to review recent cases to determine that it is prohibited to discriminate against someone on the basis of their sexual orientation so in states outside of the 7th Circuit a person cannot file a charge of discrimination based on their protected class.

If you have any questions regarding this post or any employment matter, please don't hesitate to contact our office at [email protected] or 317-210-3416. 

*The information you obtain in this article is not, nor is it intended to be, legal advice nor does it create an attorney/client relathionship. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship.