Sex Discrimination v. Religious Freedom: Court Permits Transgender Employee’s Lawsuit to Proceed

State and federal laws protect workers from discrimination on the basis of certain characteristics, such as sex, race, ethnicity, religion and disability. However, when the opposing interests of two protected classes intersect, employers can face a complicated issue.

A recent lawsuit in Virginia highlights exactly that conflict. In the case, Zinski v. Liberty Univ., 6:24-cv-00041 (W.D. Va. Feb. 21, 2025), a religious university terminated an employee for being transgender — a clear case of sex discrimination. However, the employer claimed that its doctrine of faith states that humans are biologically male or female only, so the termination was protected under religious freedom, and the complaint should be