Since its passage in 1964, Title VII of the Civil Rights Act has prohibited discrimination in employment on the basis of race, color, religion, sex and national origin. Title VII, which applies to all employers with 15 or more employees, is one of several major United States employment statutes that is enforced by the EEOC. Despite bills such as the Employment Non-Discrimination Act (which has been introduced in Congress repeatedly), Title VII has never been amended to add workplace protections on the basis of sexual orientation or gender identity. Yet gender remains protected, leaving courts in the position of trying to untangle what is gender discrimination versus sexual orientation discrimination.  In a July 2016 decision, Hively v. Ivy Tech Community College, the Seventh Circuit Court of Appeals delved into this sometimes confusing area of the law in detail. Continue Reading