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15-1720 - Kimberly Hively v. Ivy Tech Community College

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Kimberly Hively, Appellant
Ivy Tech Community College, Appellee
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15-1720 - Kimberly Hively v. Ivy Tech Community College
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July 28, 2016
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Filed opinion of the court by Judge Rovner. AFFIRMED. William J. Bauer, Circuit Judge; Kenneth F. Ripple, Circuit Judge, concurring and Ilana Diamond Rovner, Circuit Judge. [6771508-1] [6771508] [15-1720]--[Edited 10/11/2016 by AD] VACATED, per the court's 10/11/16 order.
August 3, 2016
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ORDER: The opinion of this Court issued on 07/28/2016 is amended as follows: On page 7 of the opinion, the word "discrimination" should be inserted between the words "orientation" and "in" so that the complete sentence which begins on page 6 and carries over to page 7 reads as follows: Moreover, Congress has not acted to amend Title VII even in the face of an abundance of judicial opinions recognizing an emerging consensus that sexual orientation discrimination in the workplace can no longer be tolerated. [6772736-1] [6772736] [15-1720]
April 4, 2017
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Filed opinion of the court by Judge Wood. The judgment of the district court is REVERSED and the case is REMANDED for further proceedings. Diane P. Wood, Chief Judge; William J. Bauer, Circuit Judge; Richard A. Posner, Circuit Judge, concurring; Joel M. Flaum, Circuit Judge, concurring; Frank H. Easterbrook, Circuit Judge; Kenneth F. Ripple, Circuit Judge; Michael S. Kanne, Circuit Judge; Ilana Diamond Rovner, Circuit Judge; Ann Claire Williams, Circuit Judge; Diane S. Sykes, Circuit Judge, dissenting and David F. Hamilton, Circuit Judge. (Circuit Judge Flaum, joined by Circuit Judge Ripple, concurring. Circuit Judge Sykes, joined by Circuit Judges Bauer and Kanne, dissenting.) [6831487-1] [6831487] [15-1720]