In a setback for the U.S. Equal Employment Opportunity Commission, an appeals court has ruled that discrimination on the basis of sexual orientation is not a cognizable claim under Title VII of the Civil Rights Act of 1964.

In a decision issued on Thursday, the U.S. Court of Appeals for the Seventh Circuit affirmed the dismissal of an adjunct professor’s discrimination claims against Ivy Tech Community College in Indiana. The plaintiff, Kimberly Hively, alleged that despite getting positive reviews for her teaching, she was denied a permanent position at the college because of her sexual orientation.

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