Brian Bulger and Jenny Goltz, both members of Cozen O'Connor's Labor & Employment department, discuss this issue in The OFCCP Digest. Most people have certainly heard of the landmark en banc opinion recently handed down by the Seventh Circuit in Hively v. Ivy Tech Community College. On April 4, 2017, the Seventh Circuit reversed its own precedent and became the first federal appellate court to rule that Title VII prohibits discrimination based on sexual orientation. With this ruling, the Seventh Circuit has not only created a split with nearly every other federal appellate court, but directly pits the ideology of one of the circuit’s most prolific and respected jurists, Richard Posner, against that of newly minted Supreme Court Justice Neal Gorsuch.
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