The ruling made the Seventh Circuit the first federal appeals court to find that sexual orientation is a protected class under the Civil Rights Act of 1964.

Writing for the 8–3 majority, Chief Judge Diane Wood held that Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating on the basis of sexual orientation.

After the Seventh Circuit's ruling, the Supreme Court in 2020 came to the same conclusion in Bostock v. Clayton County, holding that discrimination on the basis of sexual orientation violates Title VII of the Civil Rights Act of 1964.

Kimberly Hively, an openly lesbian educator, taught at Ivy Tech Community College as a part-time adjunct professor starting in 2000.

[2][3][4][Note 1] Following the panel ruling, Hively petitioned the Seventh Circuit to rehear the case en banc (before all 11 judges of the Court).

By an 8–3 vote, the Seventh Circuit reversed the district court's dismissal and held that discrimination on the basis of sexual orientation violates the Civil Rights Act of 1964.

Noting the long time between the enactment of the Civil Rights Act of 1964 and the case before him, Posner wrote that interpreting sexual orientation to be protected by Title VII is necessary to "satisfy modern needs and understandings.

Sykes found fault with the majority's approach to statutory interpretation, writing that in 1964, when the Civil Rights Act was enacted, "sex" did not include sexual orientation.

The New York Times called the ruling a "significant victory for gay rights" and noted that five of the eight judges in the majority were appointed by Republican presidents.

[12][13] In Bostock v. Clayton County, the Supreme Court in 2020 held that discrimination on the basis of sexual orientation or gender identity violates Title VII of the Civil Rights Act.