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HIVELY v. IVY TECH COMMUNITY COLLEGE, SOUTH BEND

No. 15-1720.

830 F.3d 698 (2016)

Kimberly HIVELY, Plaintiff-Appellant, v. IVY TECH COMMUNITY COLLEGE, SOUTH BEND, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 28, 2016.

Attorney(s) appearing for the Case

Gregory R. Nevins , Attorney, Lambda Legal Defense & Education Fund, Atlanta, GA, for Plaintiff-Appellant.

Adam Lee Bartrom , Jason T. Clagg , Attorneys, Barnes & Thornburg LLP, Fort Wayne, IN, John Robert Maley , Attorney, Barnes & Thornburg LLP, Indianapolis, IN, for Defendant-Appellee.

RIPPLE, Circuit Judge, joins the judgment of the court and joins Parts I and IIA of the panel's opinion.

Once again this court is asked to consider whether Title VII of the Civil Rights Act of 1964 protects employees from or offers redress for discrimination based on sexual orientation. This time, however, we do so in the shadow of a criticism from the Equal Employment Opportunity Commission (EEOC) that this court and others...

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