Abstract
At a time when the law is transforming gay rights, the LGBTQ
community finds itself at the climax of its latest civil rights challenge:
federal employment non-discrimination protections. This Note addresses
the federal circuit split regarding whether Title VII’s prohibition against
sex discrimination includes a prohibition on the basis of sexual
orientation. By integrating the Seventh Circuit’s analysis in Hively v. Ivy
Tech Community College within the frameworks of intersectionality,
identity performance, and queer theory, this Note evaluates how an
evolving understanding of Title VII’s protections affect members of the
LGBTQ communities.
Keywords
LGBTQ, Title VII, Hively, civil rights