Hively v. Ivy Tech is ovah!

And one judge is not pleased.

Another federal appeals court will soon decide whether Title VII prohibits sexual orientation discrimination.

The Sixth Circuit decision seems overall correct, although it contains some "woke dicta," too.

Let's look at the arguments, pro and con, that the Supreme Court is likely to hear someday.

Today's decision (all 163 pages of it) is from the Second Circuit (Connecticut, New York, and Vermont).

The issue of whether Title VII prohibits sexual orientation bias will have to be resolved another day.

Last week, the Missouri Court of Appeals issued an opinion holding that gender identity is not covered by the prohibition on sex discrimination in the Missouri Human Rights Act. The opinion builds on a 2015 opinion from the same court, which held that sexual orientation was not covered under the MHRA.

Last week's opinion arose from a lawsuit filed by a female-to-male high school ...

Law360 reported this morning that the U.S. Court of Appeals for the Eleventh Circuit refused to rehear the case of Evans v. Georgia Regional Hospital, in which two out of three judges on a panel of the court decided that Title VII did not prohibit discrimination based on sexual orientation. Here is a copy of the Court's order denying the rehearing.

According to the Law360 article ...

The U.S. Court of Appeals for the Second Circuit (Connecticut, New York, and Vermont) agreed yesterday to rehear en banc an appeal from the estate of a gay skydiving instructor who alleged he was fired after a customer complained about his sexual orientation. The case is Zarda v. Altitude Express.

The issue to be decided by the court is "Does Title VII of the Civil Rights Act of 1964 ...