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Federal Court Denies Title VII Sexual Orientation Claim, But With Serious Reservations About Underlying Rationale

Federal employment discrimination claims made on the basis of the plaintiff’s sexual orientation are not permissible in Illinois, Indiana, and Wisconsin, at least for now.   The Seventh Circuit Court of Appeals recently ruled against a woman’s employment discrimination claim based on sexual orientation, concluding that Title VII’s protection against discrimination based on “sex” does not extend to “sexual orientation.”  Hively v. Ivy Tech Community College (7th Cir. July 28, 2016).  In so ruling, the court adhered to its binding precedent mandating the result.  However, the court also concluded that excessively blurred lines exist between protection for gender-nonconforming claims (those in which adverse employment action was based on the employee’s failure to conform to others’ views on how a person of the employee’s gender should look or act),  which enjoy some protection under Title VII, and sexual orientation claims, which do not.

NONPROFIT LAW NEWSFEED

Suburban nonprofit theater not property tax exempt because not 'charitable,' panel says

Cook County Record  A suburban community theater troupe will not receive a property tax exemption on its theater, after a state appellate court upheld previous findings by the state and a

Trump used $258,000 from his charity to settle legal problems

Chicago Tribune  Donald Trump spent more than a quarter-million dollars from his charitable foundation to settle lawsuits that involved the billionaire's for-profit businesses, according to

N.C. lawmaker wants to revoke the NCAA and ACC's tax-exempt status over moving championships

Yahoo Sports  North Carolina lawmakers and authorities have already started to weigh in on the NCAA and ACC’s decisions to move their championships out of the state, which will ultimately co

De Blasio’s Nonprofit Must Comply With Ethics Panel’s Subpoena, Judge Says

The New York Times  A judge in Albany has ordered Mayor Bill de Blasio’s political nonprofit to comply with a subpoena from a state ethics panel, putting a damper on the mayor’s widening e

Attorney general orders Saint Agnes to pay $2.1 million for charity care health services

The Fresno Bee  The state has denied a request by Saint Agnes Medical Center to reduce how much charity care it gives to the community and is requiring the hospital to pay more than $2 mil

The CIA’s Venture-Capital Firm, Like Its Sponsor, Operates in the Shadows

The Wall Street Journal  Forterra Systems Inc., a California startup focused on virtual reality, was in need of money and its products didn’t have much commercial appeal.

Veterans charity that gave less than 2% of revenue to veterans closes its doors for good

CNN  The National Vietnam Veterans Foundation, a zero-rated charity that was the object of a CNN report in mid-May, has closed its doors for good, according to one of the charity's executi

A judge is making Citizens United disclose donor information

Business Insider  A nonprofit conservative organization advocating for less government must reveal information about major donors to the state's attorney general if it wants to solicit mon

Foundation Tapped Chelsea Clinton Friend’s Firm to Manage Endowment

The Wall Street Journal  When the Clinton Foundation in 2014 was seeking a firm to manage its planned $250 million endowment, it turned to a familiar source: a New York investment fund wit

State shuts down deceptive firefighter charity

The Detroit News  The state reached a deal Thursday to shut down a Wyandotte charity that misled donors who gave money for firefighters and fire victims.

Suburban nonprofit theater not property tax exempt because not 'charitable,' panel says

Cook County Record  A suburban community theater troupe will not receive a property tax exemption on its theater, after a state appellate court upheld previous findings by the state and a

Trump used $258,000 from his charity to settle legal problems

Chicago Tribune  Donald Trump spent more than a quarter-million dollars from his charitable foundation to settle lawsuits that involved the billionaire's for-profit businesses, according to