In Hively v. Ivy Tech Community College, a Seventh Circuit panel affirmed that sexual-orientation is not a protected class under Title VII. But the panel criticized the Seventh Circuit precedent that compelled this decision. Supported by the EEOC, Hively moved for a rehearing en banc, and the Seventh Circuit vacated the panel opinion and ordered rehearing en banc. This is an issue that is currently working its way through several other circuits. Doubtless, one of these cases will make it to the Supreme Court.