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7th Circuit Asked To Rehear Title VII Sexual Orientation Case

first_img7th Circuit Asked To Rehear Title VII Sexual Orientation Case by Marilyn Odendahl for www.theindianalawyer.comThe former math instructor at Ivy Tech Community College in South Bend who claims that the school violated her Title VII rights by repeatedly denying her promotions and eventually terminating her employment because she is a lesbian has petitioned the 7th Circuit Court of Appeals for rehearing.Lambda Legal filed the petition for rehearing and rehearing en banc Thursday, arguing the circuit court should follow the lead of the U.S. Supreme Court rulings since 2000 and find that Title VII protections extend to sexual orientation.“The 7th Circuit has the power to make this right,” said Greg Nevins, the Lambda Legal attorney representing Kimberly Hively. “The sad reality is that lesbian, gay and bisexual people are vulnerable and losing their jobs because old case law interpreted Title VII too narrowly. It is past time to fix that.”In Kimberly Hively v. Ivy Tech Community College, South Bend, 15-1720, the 7th Circuit upheld the court’s precedent that Title VII of the Civil Rights Act of 1964 does not cover gays and lesbians who dress and behave like heterosexuals. Written by Judge Ilana Rovner, the 44-page opinion affirmed the dismissal of Hively’s complaint but then undertook an extensive examination of current law and court rulings. At the conclusion, the majority of the court stated its decision was based upon a “paradoxical legal landscape” and asked that Congress or the Supreme Court of the United States settle the question of whether Title VII protections extend to the LGBT community.The original complaint was filed in the U.S. District Court for the Northern District of Indiana.Petitioning for a rehearing, Hively emphasized her argument about the differences in how Title VII is applied in sexual discrimination and racial discrimination cases. In its opinion, the panel agreed that a disparity does exist where Title VII extends protections to a woman who is fired for having a romantic relationship with a man of a different race but does not extend protects when that woman has the same type of relationship with another woman.Quoting passages from the panel’s own opinion, Hively’s petition argued a woman who is attracted to other woman cannot legally be treated differently than a woman who does not conform to another gender stereotype.The petition stated, “To be sure, the panel opined that differential legal treatment of sexual orientation discrimination could theoretically be justified based on ‘some aspects of a worker’s sexual orientation that create a target for discrimination apart from any issues related to gender,’ citing as possible examples of stereotypes not ‘related to gender’ but instead ‘about particular aspects of the (so-called) gay and lesbian “lifestyle,”…ideas about promiscuity,…spending habits, child-rearing, sexual practices, or politics.’“But even if it remains legal to fire employees based on such practices or beliefs, it cannot be legal to fire them based on assumption one makes about such practices or beliefs based in part on their race, color, religion, sex, or national origin. Title VII would be violated if a white woman were harassed based on stereotypes about her ‘promiscuity,…spending habits, child-rearing, sexual practices, or politics’ that arose only because she married a black man, and the same must be true if those stereotypes arose only because she married a woman.”Responding to the petition for rehearing, Ivy Tech pointed to its earlier statement released after the 7th Circuit’s decision. The college steadfastly denied Hively’s allegations and noted it explicitly bans employment discrimination based on sexual orientation.“In the (Hively v. Ivy Tech) decision the court ruled that such a claim is not recognized under current law and ‘is beyond the scope of the statute,’” the college stated. “Ivy Tech recognizes the importance of this issue and will continue to conduct its operations in a manner that is consistent with its statement of values and its policies prohibiting discrimination.”Amicus briefs in support of the petition for rehearing were filed by the National Center for Lesbian Rights and GLBTQ Legal Advocates & Defenders, and by five members of Congress (Democratic Sens. Jeffrey Merkley, Tammy Baldwin and Cory Booker and Democratic Reps. David Cicilline and Mark Takano).The National Center for Lesbian Rights and the GLBTQ Advocators & Defenders noted the practical implications of current precedent on the workplace.“… the absence of a principled way to determine how courts will rule on Title VII claims by lesbian, gay, or bisexual plaintiffs has left both employers and employees bereft of clear guidance,” the groups argued in the amicus brief. “This instability and unpredictability inherent in such a scheme thwart reliance, leaving litigants to guess as to whether courts will categorize particular facts as evidence of sexual orientation discrimination or as evidence of sex discrimination. Overruling the exclusion would not cause hardship or inequity; rather it would eliminate the inconsistent and inequitable results made inevitable by the existing rule.”FacebookTwitterCopy LinkEmailSharelast_img read more

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My bohemian escape from Hoboken

first_imgJohn Bredin Dear Editor:The other day, while in a Hoboken café that will go nameless, I felt a suffocating sense of boredom. Granted, the day before I experienced bohemian nirvana at a Greenwich Village café frequented by artists, writers, and intellectuals. But now I was back in dodge. As tumbleweeds of alienation rolled by, I glanced around at the bougy, Stepford Wife sub-urban types, the phalanx of laptop jockeys (who all look like the same person), and registered a palpable sense of enuii, lassitude, and constriction—an absence of personality that philosopher Christopher Lasch referred to as the “minimal self.”Needing escape, but not up for a trip to Gotham, I hopped the mechanical snake known as the Light Rail to Jersey City. Movement! Adventure! Life! Freedom! The bracing view of Manhattan lifted my spirits as the electric train ride lent a John Ford movie feel to the moment. Embarking on my own frontier journey, I set out boldly in search of community, connection, and an interesting conversation to warm my soul in this strange, coldly marketized Age of Trump.Luckily, I found it, at the aesthetic wonder of the Warehouse Café in Jersey City’s Powerhouse Arts District. Power, baby, that’s what I’m talking! Rescue me Steve Fulop! They have fascinating, offbeat art works on display here like an old-fashioned theater lamp; a framed, oversized “Paris Review” cover; and a digitized portrait of a naked person. Oh la la. Once, they even had a provocative piece that was critical of Guantanamo Bay.While such cutting-edge works are de rigueur in Brooklyn and the Lower East Side, what a marvel to discover such a hip and progressive space on the Jersey side of the Hudson. Sorry, Hoboken, you’re so not there yet. Joking around with the nice, smart, friendly baristas, they laughed at my “Escape from Hoboken” story and reinforced my critique of the boring, Disneyfied monoculture aspect of Hoboken….despite its aesthetic look and charm. They made me feel like part of a community.Do not despair though. We can always make things better. Professor John is on the case! Thinking, wondering, naming the problems, exploring ideas for repair: even here, via the magic of writing. In my work as an educator and talk show host, I take on what I call the Boring Industrial Complex, a toxic blend of bad education, formulaic movies and TV shows, and endless work days that are destroying American community and civic life, reducing people to what Eric Fromm (in his classic 1955 book The Sane Society) called “automatons.”I go deeper into these issues in my recent book, my first novel, titled How America was Saved: the Dream Becomes a Reality. It’s my utopian antidote to the current grim Trumpian dystopia. So is my new one-man show, TBA, which I’m readying for a spring debut. Meanwhile, if you’d like to help me take the boring out of Hoboken, and America, I can be reached at [email protected] Stay strong.last_img read more

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THE STATE OF THE NATION

first_imgOften, I feel the country is going mad, continually trying to buy on price, rather than on quality.With the public’s obsession in buying everything as cheaply as they can, we are shopping ourselves out of jobs. More and more factories are closing down in the UK. And the supermarkets hold much of the responsibility for this insane rush to lower prices. In reality, many of our remaining factories are importers – and often only assembly plants at best – as they source their products from overseas. If we cannot create jobs for everyone, where is the money coming from to buy the goods?I have always said I do very little wholesale and never intend to try to supply supermarkets. I feel that those chasing that business have a tendency towards volume addiction. But why should I borrow or use my money to put in extra plant – and even buildings – to provide products for someone else? That would mean I take the risk and they take the profits. Once you get hooked, I suppose it’s like riding a bicycle – once you stop pedalling, you fall off.Recently, I read in The Times that scientists claim that, within 20 years, there will be smart drugs that will make us think faster, improve memory and reduce tiredness. It reminds me of that old song, Why was I Born So Soon? Gosh, how I would love to have that pill.There is no doubt about it, the public sector is the place to be if you want short working hours, high pay, little stress and high pensions. Public sector workers across the board take 30% more days off sick than private sector workers, according to statistics.Then, their trade unions claim it is the extra stress they work under. I call it skiving off.Our MD, Neville, runs the firm without much help from me. When he tells me his staff problems, I confess I could not deal with the utter stupidity of the employment rules, which the idiots in government keep introducing. They will inevitably lead to unemployment. More time is spent on trying to remove a poorly performing member of staff with a bad attitude than on trying to improve the business.The total unfairness of it is that, if a member of staff does not like my face, they are at liberty to say, “I think you are ugly and I am not going to work for you.” This, I feel, is probably justified, as I don’t look like Cary Grant.But just think what would happen if I said to a member of staff, “I don’t like your attitude. You never smile and you depress everyone around you, so you must leave and find employment where you can be happy.” I would be in an industrial tribunal before you could say “goodbye”. And they call that fair? Unemployment is a bit like old age; it just keeps getting closer. nlast_img read more

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Press release: Somerset rivers stocked with fish ahead of Christmas

first_img The 7,800 fish restocked included 3,000 roach, 2,000 bream, 1,000 chub, 800 tench, 600 crucians and 400 dace. The 6,300 fish restocked will include 2,000 roach, 1,500 chub, 1,000 bream, 600 tench, 600 crucians and 600 dace. We encourage anglers to enjoy fishing through the festive holidays. A fishing rod licence also makes an excellent Christmas gift for someone who doesn’t have one but wants to give it a go. The work of our National Fish Farm is funded by income from licence fees, so in the lead up to Christmas it’s great to see the fish farm continuing to produce strong and healthy fish needed for re-stocking and recovery. Thousands of fish have found new homes just in time for Christmas thanks to the Environment Agency’s Christmas restocking of Somerset’s rivers.Every year, the Agency’s Calverton Fish Farm, near Nottingham, breeds fish of many varieties to repopulate England’s rivers.Agency officers from Bridgwater’s fisheries team spent a busy day on Friday 14 December putting 7,800 fish into the Blind Yeo near Clevedon, Burtle Road Lakes in Burtle, and the King Sedgemoor’s Drain at Parchey.Restocking will conclude on 19 December with 6,300 fish introduced to the Somerset Frome in Frome, which lost a large number of fish after a slurry spill in 2016.Kevin Austin, Environment Agency Deputy Director of Fisheries, said:center_img In the first 4 weeks of the stocking season (14 November to 14 December) 143,000 fish reared for up to 18 months have been driven from the fish farm in Nottinghamshire and released into 41 still waters and 30 rivers, with plenty more planned for the coming weeks.The restocking activity is part of an annual programme, funded by income from rod licence sales. Restocking occurs in winter because water temperatures are low and this minimises any stress on the fish, giving them the best possible survival rates.Restocking is done where numbers are low, have been depleted following a pollution incident or to create new fisheries and opportunities for anglers.You need a rod fishing licence to fish for salmon, trout, freshwater fish, smelt or eel with a rod and line in England. Get yours from https://www.gov.uk/fishing-licences.Notes to editorslast_img read more

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Members of The Motet, Snarky Puppy, TAB, & More Tribute Herbie Hancock At BCA [Audio/Video]

first_imgLast month, the third annual Brooklyn Comes Alive took over three beloved venues in Williamsburg (Brooklyn Bowl, Music Hall of Williamsburg, and Schimanski), bringing with it a stacked lineup featuring once-in-a-lifetime collaborations, tribute sets, and all-star supergroups. Over one hundred artists were brought together to see their passion projects come to life, honor their musical heroes, and improvise with their friends and peers, with more than thirty-five sets taking place across the festival’s two full days of music.Relive The Magic Of Brooklyn Comes Alive 2017 With This Set-By-Set BreakdownOne of the most talked about performances of the weekend was the tribute to the great Herbie Hancock, spearheaded by The Motet keyboardist Joey Porter. A frequently self-professed student of Hancock’s style, Porter managed to do uncanny justice to the vaunted keyboardist and bandleader, perfectly channeling the jazz-funk great’s playing and general musical aesthetic. Nate Werth was on fire, building off his Snarky Puppy band-mate Robert “Sput” Searight’s tight grooves to create sonic soundscapes that were rich and full. James Casey delivered solo after solo as Porter slapped at his keyboard with a giant smile on his face. The set also included a thrilling cameo from Maurice “Mobetta” Brown on trumpet–the first of several Mobetta guest spots on the day.The setlist didn’t stray far from the 1973 Head Hunters album, bookending the performance with “Watermelon Man” and “Chameleon” to a packed club. The honor, pride, and glee shined bright from the musicians faces as they played tribute to one of the greatest musicians of all time with masterful versions of early-mid 1970s classics “Actual Proof,” “Palm Grease,” and “Hang Up Your Hangups.”Watch highlight videos from the Herbie Hancock below, with soundboard audio mixed by Eric McRoberts: Inspired by the vibrant musical communities of Brooklyn and New Orleans, Brooklyn Comes Alive pushed the boundaries of a traditional music festival. By taking some of the most talented artists from our favorite bands and grouping them into dream collaborations–almost like a fantasy sports league–Brooklyn Comes Alive succeeded in creating a highly unique and memorable weekend of musical community and camaraderie that proved to be far greater than the sum of its (already fantastic) parts. Read our full recap here.Setlist | A Tribute To Herbie Hancock | Brooklyn Comes Alive | 10/23/17Watermelon Man *, Actual Proof, Palm Grease, Hang Up Your Hangups, Butterfly *, Chameleon **w/ Maurice Brownlast_img read more

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Senate requests more information on joint venture with Chinese university

first_imgStudent Senate voted on Wednesday night to draft a resolution to request more information from the University about Notre Dame’s partnership with Zhejiang University (ZJU) in China to create a joint residential liberal arts college.According to a white paper authored by J. Nicholas Entrikin, vice president and associate provost for internationalization, and Jonathan Noble, assistant provost for Asia, the school “will be composed of six colleges and institutes, each developed in joint partnership with North American and European university partners. … This past summer, Notre Dame and ZJU signed an agreement to hold bilateral discussions about the feasibility of this joint venture.”This proposal was spearheaded by Dillon Hall Senator sophomore Michael Finan, who voiced his concerns about the situation to the Senate.“I was thinking about drafting a resolution to send to the administration, expressing that students feel left out of the conversation,” he said.“The university that they are forming is a partnership with Zhejiang in China, but also six total schools. They are going to [include] the University of Illinois Urbana-Champaign, the Imperial College London, the University of Edinburgh,” Bryan Ricketts, student body president, said.“The idea would be that everybody involved in this is contributing something to this joint school, but it would be a school that awards a degree in part sponsored by Notre Dame, and Notre Dame would be responsible for providing a liberal arts curriculum to this school,” Ricketts said.Additionally, Ricketts said the other schools would be providing curriculums in science, engineering and other fields.Senators expressed concern over the lack of information available to students on this initiative, in addition to concerns about the religious atmosphere this joint school would have, due to its location in an area known for its religious persecution.Tags: China, nd international, Senate, student senate, zhejiang University, ZJUlast_img read more

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THE DIRT: Weekly Outdoor News From The Blue Ridge And Beyond

first_imgCyclist Dies in Shenandoah 100 CrashA mountain biker was killed during the National Ultra Endurance Mountain Bike Race Series in Virginia’s George Washington National Forest early last week.The cyclist, a 54-year old man from New York named Ross Hansen, was found approximately 500 feet from the crash site, where his bike, helmet, and broken pair of glasses were recovered.According to the Augusta County Sheriff’s Office, Hansen was ejected from his bike after striking a tree.Prior to the collision Hansen was thrown down a steep embankment just off the Bald Rock Trail.“It is with a heavy heart that the NUE Race Series wishes to express our condolences to the family, friends and Long Island Cycling community that was the home of Masters racer, Ross Hansen, who passed away yesterday following a severe crash at the race,” race organizers posted on Facebook. “According to the Long Island Cycling Community, ‘Ross was a good riding spirit for local Long Island riding.’”Asheville Land Trust Preserves Land in Newfound MountainsThanks to the Southern Appalachian Highlands Conservancy, hundreds of acres in the Newfound Mountains near the corner where Buncombe, Haywood, and Madison counties converge, has been set aside for permanent protection and conservation.At a total of 267-acres, the newly protected tracts in the Sandy Mush area will help ensure clean water, healthy forest habitat for wildlife, and secure views from as far away as downtown Asheville, writes Karen Chavez of the Asheville Citizen-Times.“These projects continue our decadeslong commitment to conservation efforts in the Sandy Mush community,” the conservancy’s executive director Carl Silverstein told Chavez.In the last 20 years, the Southern Appalachian Highlands Conservancy has set aside more than 10,000 acres in the Asheville area.To learn more click here.Missing Veteran Emerges from Appalachian TrailAfter abandoning his job and leaving his cell phone behind, a North Carolina veteran suffering from PTSD took to the Appalachian Trail, providing little to no warning to friends and family.After more than a month on the trail, 29-year-old Michael Kirkpatrick, who served overseas as an Army infantryman, rejoined society and was reunited with his family.Kirkpatrick says he regrets the worry and pain that his dissapearance caused friends and loved ones but credits the trail with saving him from a potential suicide.Learn more here.last_img read more

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Rock Climbers Plan To Replace 4,000 Bolts In East Tennessee Crag

first_imgDubbed “America’s New Climbing Capital” in 2016 by Climbing Magazine, Eastern Tennessee is a home to some of the best rock climbing in the nation.The East Tennessee Climbers Coalition, a non-profit organization from Knoxville, is working with volunteers from across the Southeast to maintain that reputation. Within five years, the organization plans to replace all 4,000 bolts on the East Tennessee Crag of the Obed Wild and Scenic River. During this first stage of the effort, a total of 504 man hours from 63 volunteers was needed to replace over 400 bolts across 40 routes.Stretching along the Cumberland Plateau, “The Obed” is part of the National Parks Service. With over 350 sport (permanently-bolted) routes, climbers come from around the world to challenge the crag. The area is home to some 500-foot-deep gorges, offering visitors unspoiled, rugged terrain and exceptional climbing opportunities. The crag receives a lot of assistance from local climbers who volunteer to help educate visitors on the park rules and good climbing ethics.The Cumberland Plateau is a 300-mile ridge that runs from Kentucky, across Tennessee, and into Northern Alabama. Along the plateau lies a wide variety of high-quality sandstone rock climbing opportunities including tiered roofs, crack systems, ledges, and more.You can follow the East Tennessee Climbers Coalition on Facebook to learn more about volunteer opportunities or to stay up to date with their latest efforts on maintaining the climbing scene in their area.For their work in the Obed, the East Tennessee Climbers Coalition will be awarded one of 6 Sharp End Awards by the Access Fund at their annual summit meeting in New York City this September.Photos by Mark Large and Kevin FlintJustin Forrest is an outdoor writer, fly fishing addict, and co-founder of Narrative North—based in Asheville, N.C. He posts pictures of cats and fishing on Instagram sometimes.last_img read more

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Salvadoran Armed Force Promotes Inclusion of Women in its Ranks

first_imgBy Lorena Baires/Diálogo March 13, 2019 The Salvadoran Armed Force (FAES, in Spanish) thrives at discovering female talent and has seen more women join and reach key positions in all its branches. Precision, determination, courage, and tenacity are the traits women officers, who perform daily in battalions and military units, share. “More and more women are going through the recruiting process to join FAES,” said FAES Army Colonel Mario Argueta, commandant of the Capitán General Gerardo Barrios Military School. “Candidates who make it through the process are trained to work in the same roles as men. Our education is not focused on gender, but on skill development.” Out of the country In the past, Salvadoran women who wished to start a military career had to undergo physical and knowledge recruitment tests, and would then be sent to the Heroic Military School of Mexico, where they would graduate to start a military career in their country. The first woman to wear the Salvadoran military uniform was Adriana Herrera de Hayem in 1969, after graduating from Mexico’s Military School of Nursing. In 1996, when she led the Salvadoran Military Hospital, she was promoted to colonel. In 2000, FAES started to admit women, and in 2006, the first 16 female service members graduated. Of those, 10 officers were promoted to the rank of major on December 31, 2018. It was the first group of women with that rank. “At FAES, we see women as equals in terms of opportunities,” Salvadoran Minister of Defense David Munguía Payés told Diálogo. “This improves their conditions and their position.” In March 2018, Salvadoran Air Force (FAS) Major Sandra Hernández, one of the recently promoted officers, became the first female pilot in Torogoz III, the second helicopter air contingent deployed with the United Nations Multidimensional Integrated Stabilization Mission in Mali. Her task was to conduct reconnaissance flights in places prone to terrorist attacks and escort logistics convoys moving between towns. “They always demanded the same of me as of the men. They respect and value my work without making any gender difference,” said Maj. Hernández. “The presence of women in the military contributes to a high level of acceptance and trust among citizens, and I was able to observe this with the people of Mali.” High-value women There are currently 60 female candidates for a career with the Salvadoran military, while more than 800 female graduates work in the naval, engineering, artillery, aeronautics, and other fields. “A woman is appointed to a position not because she is a woman, but because she has the qualities and skills to perform successfully,” Col. Argueta said. “Only the special forces don’t have women, but it’s because no one so far chose to face the physical demands required for the job.” Other women stood out for their achievements in the last decade. In 2016, FAS Aviator Pilot María Elena Mendoza, then a first lieutenant, was the first Central American woman to be certified as a combat pilot. Currently a captain, she is part of FAS Group, a specialized team tasked to patrol the skies to safeguard the Salvadoran territory. The group’s mission is to identify aircraft criminal organizations use to smuggle drugs and other goods into the United States and other countries in the region. “The learning process has been demanding, with high standards, but my passion for detail was my best ally,” said Capt. Mendoza. “Becoming a combat pilot is proof that the doors are open in all fields we aim to reach.” “SOUTHCOM [U.S. Southern Command] is aware of the effectiveness of teams with men and women,” said U.S. Navy Admiral Kurt W. Tidd, former SOUTHCOM commander, at the III Women in Military and Security Conference, held in November 2018. “We cannot waste that great talent. Character, competition, team work—that’s what we need to do to meet the security challenges of the 21st century.”last_img read more

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GE Capital joins Opus Land in £18.75m deals

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