03-06-2025
Ellenor Zinski worked for Liberty University’s IT department beginning in February 2023. In that position, she helped staff and students with technology issues. She received positive performance evaluations. In July 2023, Zinski notified Liberty that she was taking hormone replacement medications and planned to change her name. Just one month later, Liberty University fired her because it “does not and will not permit employees to transition away from one’s birth gender” because it violated the institution’s religious beliefs (citation cleaned up). Zinski filed a federal lawsuit alleging sex discrimination.
Liberty moved to dismiss the case. The university argued that Title VII exempted religious entities from the anti-discrimination provisions. In addition, Liberty argued that Title VII’s prohibition against sexual orientation discrimination did not apply in this instance because the decision to terminate Zinski’s employment was based on religious beliefs.
The Virginia district court rejected Liberty’s arguments. Citing the Supreme Court’s Bostock decision, the court stated the standard is “but for the employee’s sexual orientation or gender identity, would the employer have made the same decision.” Liberty could not change a sex discrimination claim to a religious discrimination case just because its decision was partially religiously motivated. Sections 702 and 703 of Title VII permit discrimination “only on the basis of an employee’s espoused religious belief or practice, such that religious employers have no license to discriminate on the basis of any other protected classes.” The court also distinguished this case from the “ministerial exception,” a First Amendment doctrine that precludes interfering with the employment relationship between a religious institution and its ministers. Zinski did not teach, had limited contact with students, and had no religious duties. She did not meet the definition of “minister” established by the Supreme Court. Liberty will likely appeal this decision.