The American Civil Liberties Union (ACLU) of Virginia and law firm Butler Curwood filed a lawsuit in Lynchburg, Virginia against Liberty University on Monday for firing former employee Ellenor Zinski after she disclosed that she was transgender.
The complaint was filed in the United States District Court for the Western District of Virginia. The ACLU and Butler Curwood stated that Zinski was fired in breach of Title VII of the Civil Rights Act of 1964, which “prohibits employment discrimination based on race, color, religion, sex and national origin.” Senior Transgender Rights Attorney Wyatt Rolla at the ACLU said, “Workplace discrimination against transgender people is against the law”.
Title VII is imposed by the US Equal Employment Opportunity Commission (EEOC), which combats discrimination against job applicants based on disability or genetic information, age, religion, sex, national origin, race and color. According to court records, Zinski filed a Charge of Discrimination on October 27, 2023 with the EEOC, which then issued a Notice of Right to Sue.
Zinski worked at the IT desk as a full-time Information Services Apprentice at Liberty University, a private evangelical Christian university in Lynchburg, Virginia. She was hired in February 2023 with a male name and was praised by her supervisor for her above-average performance after three months of employment. On July 5, 2023, she emailed human resources that she intended to change her name and identify as a trans woman. She noted that she was undergoing hormone replacement therapy and added that her work ethic would not change.
On August 8, Zinski received a termination notice at a meeting with the university’s human resources and IT department heads, John Gauger and Steve Foster. They indicated “denying biological and chromosomal sex assigned at birth” as the basis of her termination and a contradiction with Liberty University’s Doctrinal Position, which lists “[s]inful acts prohibited by God”, including the “denial of birth sex by self-identification with a different gender”.
Court records show that as a direct result of the defendant’s acts, Zinski suffered and continues to suffer from mental anguish and loss of income. Apart from a jury trial, the ACLU and Butler Curwood seek the following:
- Compensatory and punitive damages on Zinski’s behalf for $300,000, plus back-pay damages, with pre-judgment interest at the prevailing rate;
- Equitable relief including reinstatement or front pay;
- Declaratory relief that declares Liberty University’s Doctrinal Position as a breach of Title VII;
- An award of attorney’s fees and costs; and
- Further relief where the plaintiff is justly entitled.
The ACLU is an American nationwide non-profit organization that handles human rights. It works within the courts, legislature and communities to defend rights and liberties. The organization notes, “Nearly one in three transgender people has experienced discrimination in the workplace”. In addition, Butler Curwood is a law firm that represents individuals or groups in matters of employment law, including discrimination.
