Press Release  AG Campbell Files Brief to Safeguard Workers from Unjust Discrimination by Employers

BOSTON — Massachusetts Attorney General Andrea Joy Campbell led a coalition of 20 attorneys general today in filing an amicus brief in the U.S. Court of Appeals for the Fourth Circuit in Zinski v. Liberty University. The brief, filed in support of plaintiff Ellenor Zinski, urges the Court to affirm Zinski’s right to sue her former employer, Liberty University, for sex-based discrimination after Liberty fired her upon learning of her identity as a transgender woman. The coalition explains that the lower court’s ruling protects states’ ability to enforce employment anti-discrimination laws. 

“Discriminating against an employee based on their gender identity is unacceptable, and our civil rights laws forbid it. Time and time again, courts have ruled that religious organizations have no blanket exemption from laws that protect their workers from discrimination, and in this case, Ms. Zinski is well within her right to sue,” said AG Campbell.  “I am proud to lead this coalition and will continue to fight against blatant discrimination and violations of the law.” 

Zinski was hired by Liberty University in February 2023 to work at its IT Help Desk. In July 2023, after the end of the 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, AG Campbell and the coalition argue that although Liberty incorrectly claims 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 – justifies its actions, court precedent does not support applying expressive association 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, the coalition asserts that it would dramatically constrict states’ ability to enforce employment discrimination laws. As such, the coalition asks the Court to uphold the lower court’s ruling and reject Liberty’s motion to dismiss Zinski’s case. 

Joining AG Campbell in submitting this brief are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai'i, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. 

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