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Tag: Employment Law

Hively v. Ivy Tech

Hively v. Ivy Tech

In the summer of 2015, same-sex couples celebrated a civil rights victory following the Supreme Court’s monumental decision in Obergefell v. Hodges. The Court recognized same-sex couples have the constitutional right to marriage, protected by the Due Process and Equal Protection Clauses. While the right to marriage was immediate, this decision did not mark the end of discrimination based on sexual orientation. Rather, the holding created a “legal landscape in which a person can be married on Saturday and then…

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Perceptions of Misperceived Race

Perceptions of Misperceived Race

In recent years our federal courts have taken steps to address racial discrimination by emphasizing what has been called colorblindness––the idea that our laws should achieve racial equality by eliminating racial categories. While this catchall solution addresses a majority of racial discrimination claims, it fails to properly address misperceived racial discrimination. In cases involving misperceived race, an individual claims that he or she has been discriminated against in some way based on the racial identity that others have imputed onto…

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