Hively v Ivy Tech Community College of Indiana

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)

Appeal · Commission · Dismissal · Employment discrimination · Equal employment opportunity · Plaintiff · Pleading · Political science · Qualified immunity · Sexual orientation · Sociology · Sovereign immunity · State (computer science) · Statutory law · Supreme court · Waiver · Law · Legal Cases and Commentary · Legal Systems and Judicial Processes