This section contains the nature of the case and procedural background.

P is openly lesbian. P began teaching as a part-time, adjunct professor at Ivy Tech Community College's South Bend campus in 2000. P applied for at least six full-time positions between 2009 and 2014. These efforts were unsuccessful. In July 2014 her part-time contract was not renewed. Believing that Ivy Tech (D) was spurning her because of her sexual orientation, she filed a pro se charge with the Equal Employment Opportunity Commission on December 13, 2013. After receiving a right-to-sue letter, P filed this action in the district court. D responded with a motion to dismiss for failure to state a claim on which relief can be granted. D argued that sexual orientation is not a protected class under Title VII or 42 U.S.C. § 1981. The district court granted D's motion and dismissed P's case with prejudice. D appealed. The panel affirmed. It premised its holding on the idea that discrimination based on sexual orientation is distinct from sex discrimination. This hearing resulted.

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