Journal Article

Hively v Ivy Tech Community College of Indiana

Donlu Thayer

in Oxford Journal of Law and Religion

Volume 6, issue 2, pages 422-424
Published in print June 2017 | ISSN: 2047-0770
Published online May 2017 | e-ISSN: 2047-0789 | DOI: https://dx.doi.org/10.1093/ojlr/rwx026
Hively v Ivy Tech Community College of Indiana

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Abstract

Federal statutory law – Employment – Equal rights under the law – Discrimination on basis of sex – Federal rules of procedure – Waiver – Federal constitutional law – Sovereign immunity – Openly lesbian part-time adjunct professor at state community college repeatedly applying for full-time positions – Applications rejected by college – Part-time contract not renewed – Professor filing charge with Equal Employment Opportunity Commission (EEOC) alleging discrimination based on sexual orientation – Receiving right-to-sue letter and filing pro se action in district court alleging sex discrimination under Civil Rights Act (Title VII) – College moving to dismiss for failure to state a claim on which relief can be granted – District court granting dismissal – Seventh Circuit panel affirming dismissal – Whether sexual orientation constituting sex discrimination under Title VII – Whether plaintiff’s failure to advance in the court below claims raised on appeal constituting waiver of the claims – Whether state college protected from suit by sovereign immunity – Title VII of the Civil Rights Act of 1964 (42 USC § 2000e et seq); 42 USC § 1981 (Equal rights under the law); US Const Amend 11 (Sovereign immunity)

Journal Article.  870 words. 

Subjects: Religion ; Law ; Human Rights ; Law and Society

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