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Harassment, Sexual, Racial, or Religious

Hively v. Ivy Tech Community College - Podcast

Religious Liberties Practice Group Podcast
Kenneth A. Klukowski, Anthony Michael Kreis June 02, 2017

On April 4, 2017, the Seventh Circuit handed down a divided en banc opinion in Hively v. Ivy Tech Community College, opening a circuit split on how to interpret Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on "race, color, religion, sex, or national origin[.]" In Hively, the Seventh Circuit became the first Court of Appeals to hold that sex discrimination encompasses discrimination based on sexual orientation. It held that plaintiff Kimberly Hively could pursue a claim against her former employer, Ivy Tech Community College, for her firing, which she claimed was motivated by her sexual orientation. In doing so, the court opened a split with the Eleventh Circuit, which had held just a few months earlier that employer decisions based on sexual orientation were not discrimination prohibited by Title VII. In addition to paving the way for a potential Supreme Court case to resolve the issue, the Seventh Circuit's decision includes an array of opinions demonstrating different methods of statutory interpretation.

Featuring:

  • Kenneth A. Klukowski, General Counsel, American Civil Rights Union
  • Prof. Anthony Michael Kreis, Visiting Assistant Professor of Law, Chicago-Kent College of Law

Title IX & Gender Identity: Gloucester County v. G.G.

Short video featuring Ilya Shapiro
Ilya Shapiro April 27, 2017

Who has the authority to interpret statutes like Title IX? Ilya Shapiro, senior fellow in constitutional studies at the Cato Institute, outlines a debate over the inclusion of gender identity when applying Title IX. Shapiro considers the recent case of Gloucester County v. G.G., which questions whether courts should give deference to a Department of Education guidance letter that stipulates publically-funded schools must provide facilities to accommodate transgender students.

Conscience Cases and Religious Liberty - Podcast

Religious Liberties Practice Group Podcast
Ryan T. Anderson, Anthony Michael Kreis December 21, 2016

With the legalization of gay marriage, numerous cases have arisen in which private citizens have refused to provide services to same-sex citizens getting married. Bakers, photographers, and even local magistrates have been taken to court for discrimination. In this Teleforum, our Religious Liberties experts will join us to discuss whether refusing products or services for same-sex weddings should count as sexual orientation discrimination, and if so, whether the law should provide exemptions for refusals based on religion or conscience about the nature of marriage.

Featuring:

  • Dr. Ryan T. Anderson, Senior Research Fellow in American Principles and Public Policy, The Heritage Foundation
  • Prof. Anthony Michael Kreis, Visiting Assistant Professor of Law, Chicago-Kent College of Law

Religious Liberty vs. Nondiscrimination: Reconcilable or Intractable? - Podcast

Civil Rights Practice Group Podcast
Peter N. Kirsanow October 14, 2016

Recent legal developments ranging from Supreme Court decisions to administrative actions have raised significant issues about the balance between religious liberties and prohibitions against discrimination. To what extent must an individual’s right to religious freedom yield to the state’s interest in protecting individuals against discrimination? Does the Free Exercise Clause extend beyond one’s home or church?

The U.S. Commission on Civil Rights recently issued a report that appears to tilt in favor of nondiscrimination over religious liberty. What does this portend for the future of religious liberty?

Featuring:

  • Hon. Peter N. Kirsanow, , Commissioner, U.S. Commission on Civil Rights

Religious Freedom of Religious Colleges - Podcast

Religious Liberties Practice Group Podcast
Gregory S. Baylor August 25, 2016

Mr. Gregory S. Baylor of Alliance Defending Freedom discussed current and future challenges to the religious freedom of faith-based institutions of higher education, with a special focus on the ongoing debate over California Senate Bill 1146. Earlier versions of SB1146 would have significantly curtailed longstanding religious freedom protections in state anti-discrimination law, thereby exposing faith-based schools to liability for discrimination on the basis of religion, sexual orientation, and gender identity in student and employee relations. The bill's prime sponsor recently removed its most controversial provisions, but he indicated that a similar bill may be proposed in the next legislative session.

Featuring:

  • Mr. Gregory S. Baylor, Senior Counsel & Director of the Center for Religious Schools, Alliance Defending Freedom