The Seventh Circuit said the state of Indiana could not be held liable under Title VII for claims brought by women who said they were sexually harassed by former state Attorney General Curtis Hill, pictured in 2018. (AP Photo/Michael Conroy)
According to the suit, Hill had appeared at the legislative staff's "Sine Die Celebration," which is held when the legislature adjourns for the year, in March 2018, and began making passes at several women, escalating to physical harassment and groping.
The claims against Indiana were dismissed, with the court finding that the state of Indiana is not the women's employer and therefore can't be held liable under Title VII, which protects employees from discrimination by their employers. Claims against the state's House and Senate, which intervened as defendants, are still pending in the district court.
The state had argued that the appeal should be thrown out, as the women had asked for a final, appealable judgment 39 days after the claims were dismissed, which is beyond the 30 days that the Seventh Circuit has held was the timeframe for such requests.
According to Wednesday's opinion, however, the state didn't bring up this argument until after it and the women had filed their appeal briefs, which means the purpose of such time limits — ending appellate proceedings swiftly — was already moot.
Regarding the decision itself, the judges agreed with the lower court that the state is not the women's employer, as the legislature, not the state, pays their salaries and exercises control over their employment.
While the women had argued that the House and Senate could not control the attorney general and are not his employer, the panel wrote that Title VII requires that the plaintiffs sue their own employer, not someone else's, and added in any case, the legislature could impeach the attorney general, or the senior legislative officer at the party could have ejected him.
By contrast, the governor exercises no control over the attorney general, as in Indiana, the post is elected, not appointed by the executive.
"No, the right defendants under Title VII are the plaintiffs' employers, here the House and Senate, which may be found liable for failing to use the mechanisms at their disposal for the protection of their employees," the panel wrote.
Representatives for the women, the state and Hill could not immediately be reached for comment Wednesday.
U.S. Circuit Judges Joel M. Flaum, Frank H. Easterbrook and Thomas L. Kirsch II served on the panel.
The women are represented by Kimberly D. Jeselskis, William J. Brinkerhoff and Hannah Kaufman Joseph of Jeselskis Brinkerhoff & Joseph LLC.
The state is represented by Aaron T. Craft and Benjamin M.L. Jones of the state Attorney General's Office.
Hill is represented by Geoffrey G. Giorgi of Giorgi & Bebekoski LLC.
The case is DaSilva et al. v. State of Indiana et al., case number 20-2238, in the U.S. Court of Appeals for the Seventh Circuit.
--Editing by Alex Hubbard.
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