Liberty University Employment Lawsuit Should Be Dismissed

Oct 3, 2024

LYNCHBURG, VA – Liberty Counsel filed a legal brief on behalf of Liberty University asking the federal district court to dismiss the lawsuit, Zinski v. Liberty University. Title VII of the Civil Rights Act explicitly permits religious educational institutions to make employment decisions consistent with their religious doctrine and mission. The First Amendment Free Exercise Clause also protects Liberty University against Jonathan Zinski’s meritless claims, and the Religious Freedom Restoration Act prohibits the application of federal employment statutes that substantially burden Liberty University’s sincerely held religious beliefs. 

The history of this case shows that Jonathan Zinski attempted to set up Liberty University for this lawsuit in which he is represented by the ACLU. Four months before applying to Liberty, he began taking female hormones. He knew the university’s doctrinal position and agreed to adhere to the doctrine and Christian mission. But as soon as his 90-day probation ended, Zinski revealed his secret to the university and then demanded Liberty University depart from its doctrine and mission.

In February 2023, Zinski was hired by Liberty University as an Information Services Apprentice at the IT Helpdesk. As a matter of policy, all new hires are required to sign a doctrinal statement agreeing to abide by Liberty University’s deeply held religious beliefs as a condition of employment. The doctrinal statement clearly states that human beings were directly created, not evolved, in the very image of God, as either biologically male or female from the womb, and it is a sinful act prohibited by God to deny one’s birth sex by self-identification with a different gender. Zinski acknowledged all of this despite knowing that he was four months into executing his plan to act in opposition to Liberty University’s doctrinal statement and employment requirements by denying his biological sex. 

In his employment position, Zinski was required to interact face-to-face with students and staff seeking technical assistance, equipment troubleshooting, and servicing technology equipment in the IT Helpdesk office, in classrooms during classes where issues arose, and at various other locations across campus. 

Ten days after his 90-day employment period, Zinski informed Liberty University that despite applying for employment as a male, he would be “identifying” as a woman and had been undergoing hormone replacement therapy. He also informed Liberty University that he intended to legally change his name to Ellenor soon. 

School officials then informed Zinski his path was inconsistent with Liberty University’s sincere religious convictions and doctrinal statement requirements and that his employment was terminated. 

Liberty University is entitled to a dismissal of Zinski’s claims. Title VII of the Civil Rights Act, the First Amendment, and the Religious Freedom Restoration Act permit Liberty University to employ a workforce that is in full compliance with its sincere religious convictions, doctrine, and mission. Employees who fundamentally ignore the biological reality of their God-given birth would violate Liberty University’s sincerely held religious beliefs and its religious mission. Zinski intentionally ignored Liberty University’s employment requirements, deceptively accepted and acknowledged Liberty University’s doctrinal statement and flouted its sincere religious convictions and practices. 

Title VII of the Civil Rights Act provides exemptions to its employment provisions for religious employers in order to permit such institutions to abide by their doctrinal practices. In this case, Title VII entitles Liberty University to terminate Zinski because his actions are directly contrary to the school’s doctrinal statement and sincerely held religious beliefs. Employing a person who takes the measures Zinski described to deny the biological and chromosomal sex God assigned from the womb would not be consistent with Liberty University’s values or advance its religious mission. 

Liberty Counsel Founder and Chairman Mat Staver said, “Liberty University has the right under the First Amendment, the Religious Freedom Restoration Act, and Title VII of the Civil Rights Act to uphold its sincere Christian religious beliefs and doctrinal statement and to require its employees to do the same. Jonathan Zinski violated Liberty University’s doctrinal statement and its employment requirements, and his claims should be dismissed. Zinski set up Liberty University. His attempt to undermine the university will not succeed because the law protects the ability of religious organizations to operate consistent with their mission.” 

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