The court revived the complaint of plaintiff Kimberly Hively in which she alleged that she was fired from a part-time job and not hired for multiple full-time positions because she is a lesbian. The majority opinion, written by Judge Diane Wood, reasoned that if all facts were the same but her sex—that is, if plaintiff had been a man married to a woman—she would have been hired, and thus had suffered “paradigmatic sex discrimination.” Hively at *5. The court also held that sexual orientation discrimination “represents the ultimate case of failure to conform to the female stereotype”. Id. (Dissent filed).