7th Circuit Rehears Hively Case

We recently took a close look at Hively v. Ivy Tech Community College, a case where the 7th Circuit Court of Appeals extensively deconstructed the history of Title VII litigation as it pertains to sexual orientation. Ultimately, the Court found against Ms. Hively, even though it noted that it accepted and commended the EEOC’s analysis.…

The Campaign for Southern Equality’s Attempt to Reopen its Case Against the Governor of Mississippi: a “Hail Mary Pass?”

The Campaign for Southern Equality (“CSE”) has done what many litigators consider the “Hail Mary Pass” – they filed a motion to reopen a judgment they received in Campaign for Southern Equality, et al., v. Bryant, and have asked the Court to modify a permanent injunction. The injunction, which was entered last summer, provided that…

Federal Courts Find Transgender Rights Rooted in Existing Laws

In March, a U.S. District Court Judge denied summary judgment in the case of Fabian v. Hospital of Central Connecticut, finding that employment discrimination on the basis of transgender identity is discrimination “because of sex” and constitutes a violation of Title VII of the Civil Rights Act. Shortly thereafter, in G.G. v. Gloucester County School…