7th Circuit: Civil Rights Act Of 1964 Provides Protection For LGBT Worker At Ivy TechMarilyn Odendahl for www.theindianalawyer.comThe employment discrimination complaint that began as a pro se filing by an Indiana math teacher has led the 7th Circuit Court of Appeals to become the first federal appellate court to find the Civil Rights Act of 1964 provides protection for LGBT workers.Issued about four-and-a-half months after oral arguments before the entire court, the majority opinion in Kimberly Hively v. Ivy Tech Community College, 15-1720, found that discrimination on the basis of sexual orientation is a form of sex discrimination which is prohibited under Title VII of the Civil Rights Act.Lambda Legal Defense & Education Fund, which argued Hively’s position before the 7th Circuit, heralded the ruling as having an impact beyond Indiana.“This decision is a gamechanger 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,” Greg Nevins, employment fairness program director for Lambda Legal, said in a statement.However, three judges in the 7th Circuit dissented, arguing the court overstepped the judiciary’s role by interpreting the statute more broadly than Congress intended. The counter opinion asserts that when Title VII was adopted, the ban on discriminating because of an employee’s sex pertained solely to being either male or female. In 1964 and even today, the meaning of the word “sex” does not include “sexual orientation.”“If Kimberly Hively was denied a job because of her sexual orientation, she was treated unjustly,” Judge Diane Sykes wrote in the dissent. “But Title VII does not provide a remedy for this kind of discrimination. The argument that it should must be addressed by Congress.”The case has been remanded to the U.S. District Court for the Northern District of Indiana. In a statement, Ivy Tech said it would not appeal the decision to the Supreme Court of the United States.“Ivy Tech Community College rejects discrimination of all types, sexual orientation discrimination is specifically barred by our policies,” the institution said. “Ivy Tech respects and appreciates the opinions rendered by the judges of the Seventh Circuit Court of Appeals and does not intend to seek Supreme Court review. The College denies that it discriminated against the plaintiff on the basis of her sex or sexual orientation and will defend the plaintiff’s claims on the merits in the trial court.”Hively was a part-time adjunct professor at Ivy Tech in South Bend for 14 years. She claims she was denied full-time positions and eventually had her employment contract cancelled because she is a lesbian.The U.S. District Court for the Northern District of Indiana dismissed Hively’s pro se lawsuit because Title VII protections do not extend to sexual orientation. Lambda Legal Defense & Education Fund stepped in to represent Hively and appealed the ruling to the 7th Circuit.In July 2016, the three-judge panel upheld precedent and affirmed the district court. But the appellate ruling contained an extensive review of what the majority saw as growing confusion within the judicial branch as to whether sexual orientation discrimination could be viewed as a violation of the Civil Rights Act.Picking up on the panel’s observation that separating gender non-conformity from sexual orientation is difficult, the majority maintained the U.S. Supreme Court has been moving the goalposts as to what is included in sex discrimination.When Congress enacted civil rights, it may not have envisioned the statute would protect against sexual harassment. Still, the Supreme Court held Title VII covers this kind of harassment in a string of decisions beginning with Meritor Sav. Bank, FSB v. Vinson, 477 U.S. 57 (1986). And, the majority noted, three years later in Price Waterhouse v. Hopkins, 490 U.S. 228 (1989), the nine justices reached the decision that Title VII prohibits discrimination based on a person’s failure to conform to a certain set of gender stereotypes.The majority found that Hively did not conform to the female stereotypes.“Any discomfort, disapproval, or job decision based on the fact that the complainant – woman or man – dresses differently, speaks differently, or dates or marries a same-sex partner, is a reaction purely and simply based on sex,” Chief Judge Diane Wood wrote for the court. “That means that it falls within Title VII’s prohibition against sex discrimination, if it affects employment in one of the specified ways.”FacebookTwitterCopy LinkEmail
continue reading » ShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr Paula Awe, a former assistant manager of an Indiana credit union who ran a check-kiting scheme along with her manager, was sentenced last week to 18 months in prison.U.S. District Court Judge Jon E. DeGulio in Hammond, Ind., also ordered Awe to pay $180,000 restitution and to serve two years of supervised release following her prison sentence.She pleaded guilty to bank fraud in February.Awe and her manager, Sandra Santay, of the Lakeside Federal Credit Union in Hammond, had each been operating two independent check-kiting schemes that fraudulently inflated their respective share accounts over three years, according to court documents.The scheme was detected by a routine NCUA examination.
By Ben DeatherageCOTTAGE GROVE, Ore. (Aug. 9) – Cottage Grove Speedway hosted Cottage Grove Area Chamber Of Commerce/Pepsi Night at the races Saturday night.In the IMCA Xtreme Motor Sports Modified feature, Kinzer Cox was the car to beat. Despite six cautions throughout the event, retained the lead after each restart.Although he has spent only a handful of nights in a Modified, Cox paced the field for the entire distance to collect his first career victory.
For all the Latest Sports News News, Cricket News News, Download News Nation Android and iOS Mobile Apps. New Delhi: Former India captains Mohammed Azharuddin and Anil Kumble found a “father figure” in Ajit Wadekar. The legendary player mentored struggling captain and a stressed leg spinner during his days of international cricket. After prolonged illness Wadekar, 77, passed away in Mumbai on Wednesday. It was under Wadekar that struggling captain Azharuddin, got a second chance from 1993 to 1996 having lost Test series in New Zealand, England and Australia ALSO READ | Ajit Wadekar: Man who made Indian captaincy coveted“such an iconic person..deeply saddened by his demise!! Sir was a father figure for me.. May his soul rest in peace! My Heartfelt Condolences to the family,” Azharuddin tweeted. Wadekar was a blessing for Kumble after getting dropped post 1990 tour of England. His comeback coincided with Wadekar’s entry as manager during the 1992-93 tour of South Africa. Till his retirement in 2008, Kumble was never dropped for the next 16 years. Kumble tweeted “Deeply saddened by the passing away of #AjitWadekar He was more than a coach to the entire team – a father figure and a shrewd tactician. My heartfelt condolences to his family and loved ones. He will be missed. Thank you Sir, for the confidence shown in my ability!”. Famous cricketer Bishan Singh Bedi also praised Wadekar. “V sad news-Ajit Wadekar passing away-only Indn Capt to win 3 series in a row-2 away 1 at home-ALW was good contemporary-we had differences of (sic) opinion but always respected glory of (sic) Crkt-fine batsman & great close in catch-served Indn Crkt w/aplomb as player/Selectr/Coach-RIP Jeetu!” wrote Bedi on his twitter page. Wadekar was a “tough character” for Sanjay Manjrekar as coach. Earlier, Majrekar had tweeted a video of Wadekar in cricket gears one last time during a charity match at the Shivaji Park Gymkhana in Mumbai. ALSO READ | Remove all-rounder tag from Hardik Pandya, says Harbhajan Singh “Ajit Wadekar’s impact on Indian cricket is huge. His contemporaries worshipped him, such was his aura. Found him to be a tough character as coach. Exceptional Indian cricketer… RIP Sir.” tweeted Sanjay Manjrekar.