In the midst of a legal, political and cultural landscape expanding the rights of LGBT individuals, the Seventh Circuit U.S. Court of Appeals has held to prior precedent in reaffirming that Title VII does not prohibit sexual orientation discrimination. Kimberly Hively v. Ivy Tech Community College, __ S.Ct. __, No. 15-720 (July 28, 2016).  According to the court, though “the writing is on the wall” that sexual orientation discrimination should not be tolerated, because the writing is not in a Supreme Court opinion or Title VII, the court’s hands are tied.
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While much of the recent focus in the LGBT rights arena has been on same-sex marriage—especially in light of the Supreme Court’s ruling in Obergefell—employers should keep a close eye on the growing protections being afforded LGBT employees.

To those who argue that LGBT employees are not protected by Title VII on the basis of sexual orientation or gender identity, the Equal Employment Opportunity Commission (EEOC) has a simple, monosyllabic response: Sex.
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