The Kluge Case Continues...

Kluge, a high school teacher, asserted he had a sincerely held religious belief which prevented him from referring to transgender students by their affirmed names and pronouns. Kluge was granted an accommodation to use only the last name of students. After the completion of that school year, the school withdrew the accommodation, citing that it was detrimental to transgender students’ well-being as well as the learning environment for other students and faculty. Kluge resigned after his accommodation was rescinded. 

Kluge sued, alleging that the school’s violated his religious liberty rights under Title VII of the Civil Rights Act. The court granted summary judgment to the school and Kluge appealed to the 7th Circuit. The 7th Circuit affirmed the summary judgment. The 7th Circuit appeals panel vacated the decision and remanded the case, for the Court to apply the Groff standard after the Supreme Court clarified the standard to be applied in Title VII cases for religious accommodation in Groff v. DeJoy. The clarified standard from Groff required a religious accommodation result in substantial increased costs in relation to the conduct of its particular business. 

On April 30, 2024, the District Court issued an order, again granting summary judgment in favor of the school, finding that undue hardship existed, when viewed in the context of the particular business, because the religious accommodation actually resulted in substantial student harm and an unreasonable risk of liability, sharply contradicting the school’s mission to foster a supportive environment for all students. There remains an opportunity for Kluge to appeal, at this time.