Attorney General Raoul Files Brief To Defend Workers From Unjust Discrimination By Employers
A coalition of 20 state attorneys general backs Ellenor Zinski in her fight against Liberty University over alleged sex-based employment discrimination.
CHICAGO – Attorney General Kwame Raoul, as part of a coalition of 20 attorneys general, today filed an amicus brief in support of Ellenor Zinski, a former employee of Liberty University. The brief, filed in the U.S. Court of Appeals for the 4th Circuit in Zinski v. Liberty University, urges the court to affirm Zinski’s right to sue her former employer for sex-based discrimination after Liberty fired her upon learning of her identity as a transgender woman.
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“The First Amendment does not give employers, including Liberty University, a green light to discriminate,” Raoul said. “No one should lose their employment because of who they are or who they love, and I will continue to partner with attorneys general from across the country to protect the rights of the LGBTQ+ community.”
Zinski was hired by Liberty University in February 2023 to work at its information technology help desk. In July 2023, after the end of her 90-day probationary period, Zinski notified the university’s human resources department of her identity as a transgender woman and that she planned to legally change her first name to Ellenor. One month later, Liberty University terminated her employment, asserting that as a religious institution it was entitled to fire her because of her transgender status.
In July 2024, Zinski sued the university, arguing that her termination violated Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination on the basis of sex. In April 2025, a federal judge denied Liberty’s motion to dismiss Zinski’s case. The university appealed that decision.
In their brief, Raoul and the coalition argue that Liberty’s legal arguments are incorrect. In particular, the coalition explains that the First Amendment right of expressive association – which can allow groups to exclude members if exclusion is necessary to preserve the group’s identity or message – does not apply in employment scenarios. The coalition also argues that the First Amendment’s ministerial exception – which shields religious institutions’ ability to select individuals for “certain key roles” from antidiscrimination laws – does not bar Zinski’s claims, as she performed purely secular and administrative duties. If Liberty’s weaponization of the First Amendment were to prevail, Raoul and the coalition assert that it would dramatically constrict states’ ability to enforce employment discrimination laws.
Raoul and the coalition are asking the court to uphold the lower court’s ruling and reject Liberty’s motion to dismiss Zinski’s case.
Joining Raoul in submitting this brief are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington and Wisconsin.
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