Hively was an openly lesbian woman teaching as a part time adjunct professor at Ivy Tech. Her
Question:
Hively was an openly lesbian woman teaching as a part time adjunct professor at Ivy Tech. Her part-time contract was renewed several times over 14 years, during which she applied for at least six different full--time positions. She was not hired full time, and in 2015, her part-time contract was not renewed. Believing that she was being discriminated against based on her sexual orientation, she filed claims with the Equal Employment Opportunity Commission. The district court, following existing law, denied her claims, holding that discrimination on the basis of sexual orientation did not constitute sex discrimination under Title VII, and discrimination based on her right to associate intimately with a person of the same sex did not constitute sex discrimination either.
1. What was the legal issue before the court? What did the court decide?
2. What arguments does Chief Judge Wood make in her majority opinion for treating discrimination on the basis of sexual orientation as a form of sex discrimination under Title VII?
3. What arguments does Judge Sykes make in his dissenting opinion for why discrimination based on sexual orientation does not violate Title VII?
Step by Step Answer: