Rudy Lozano (Indiana)

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Rudy Lozano

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Nonpartisan

Prior offices
United States District Court for the Northern District of Indiana

Education

Bachelor's

Indiana University, 1963

Law

Indiana University School of Law, 1966


Rodolfo Lozano was a judge on the United States District Court for the Northern District of Indiana. He joined the court in 1988 after being nominated by President Ronald Reagan. He passed away on July 11, 2018.[1]

Early life and education

Lozano graduated from Indiana University with his bachelor's degree in 1963 and from Indiana University School of Law with his J.D. in 1966. Lozano also served in the U.S. Army Reserve from 1966 to 1973.[2]

Professional career

Lozano was a private practice attorney licensed in the State of Indiana from 1966 to 1988.[2]

Judicial career

Northern District of Indiana

On the recommendation of U.S. Senator Dick Lugar, Lozano was nominated by President Ronald Reagan on December 4, 1987 to a seat vacated by Michael Kanne as Kanne was elevated to a judgeship on the Seventh Circuit Court of Appeals. Lozano was confirmed by the U.S. Senate on February 25, 1988 on a unanimous consent of the Senate and received commission on February 25, 1988.[3] Lozano later assumed senior status on July 10, 2007.[2] Lozano was succeeded in this position by Joseph Van Bokkelen.

Noteworthy cases

Judge holds Title VII doesn't apply to sexual orientation (2015)

See also: United States District Court for the Northern District of Indiana (Hively v. Ivy Tech Community College of Indiana, 3:14-cv-1791)

On August 15, 2014, Kimberly Hively, appearing as a pro se plaintiff, filed a two-count complaint against Ivy Tech Community College of Indiana (Ivy Tech) in federal court. Hively is openly lesbian. In her complaint, Hively alleged that she was denied full-time employment and promotions on the basis of her sexual orientation in violation of both Title VII of the Civil Rights Act and 42 U.S.C. § 1981, which provide for equal rights under the law. On March 3, 2015, in an opinion by Judge Rudy Lozano, the court dismissed Hively's complaint. Judge Lozano dismissed Hively's Title VII claim under precedent of the Seventh Circuit Court of Appeals. In Judge Lozano's words, "While Title VII expressly prohibits employers from refusing to hire employees 'because of [their] sex,' the Seventh Circuit has held that 'Congress intended the term sex to mean biological male or biological female, and not one's sexuality or sexual orientation. ... Thus, 'harassment based solely upon a person's sexual preference or orientation ... is not an unlawful employment practice under Title VII.'" Further relying on Seventh Circuit precedent, Judge Lozano also dismissed Hively's § 1981 complaint, holding that only claims alleging racial discrimination may be brought under § 1981 and that discrimination claims based on sexual orientation were not cognizable under § 1981. The case was appealed to the United States Court of Appeals for the 7th Circuit. Judge Lozano was affirmed by a three-judge panel of that court in July of 2016, but was reversed in an en banc opinion of the court in April of 2017.[4][5][6]

See also

External links

Footnotes

Political offices
Preceded by:
Michael Kanne
Northern District of Indiana
1988–2007
Seat #3
Succeeded by:
Joseph Van Bokkelen