CHICAGO (AP) — A Chicago-based court will consider arguments that protections under the 1964 Civil Rights Act should expand to cover LGBT workers.

The full 7th U.S. Circuit Court of Appeals will rehear Indiana teacher Kimberly Hively’s appeal Wednesday. It vacated a ruling by three of its own judges in July that the landmark workplace-discrimination law doesn’t cover sexual-orientation bias. Hively alleges a college didn’t hire her full time because she is a lesbian.

The three-judge panel did criticize the lack of sexual-orientation workplace protections, but said they must come from Congress or the U.S. Supreme Court.

President-elect Donald Trump is expected to nominate a social conservative to fill a Supreme Court vacancy, making High Court action on the issue uncertain.

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