A federal appeals court in Chicago ruled yesterday that Civil Rights Act of 1964 extends workplace anti-discrimination protections to LGBTQ people, contradicting another decision handed down a month earlier by a different federal appellate court.
The case stems from a lawsuit filed by Kimberly Hively, an instructor at a community college in Indiana who alleged that the school had fired her because she is a lesbian.
The conflicting decisions likely means that the case would go all the way up to the Supreme Court. California already has strong anti-discrimination laws in place for the LGBTQ community, but the outcome of the Hively case will have national significance.
Douglas NeJaime, visiting professor of law at Harvard Law School