Alliance Defending Freedom Takes on Interpretation of Title VII in Defense of Music Teacher

At Brownsburg High School in Indiana, music and orchestra teacher John Kluge faced a predicament when the school district introduced a mandate in 2017 requiring teachers to address students by their preferred gender pronouns and names. In alignment with his religious convictions, Kluge sought an accommodation under Title VII of the Civil Rights Act, proposing to address all students by their last names.

The school district initially accepted this arrangement but reversed its decision after feedback from some students and faculty members. The subsequent legal challenge, represented by the Alliance Defending Freedom, delves into the interpretation of Title VII, examining how religious freedom intersects with policies to ensure inclusivity and recognition of gender identities in educational settings.

John Kluge, a music and orchestra teacher at Brownsburg High School in Indiana, represented by Alliance Defending Freedom, is challenging the school district’s decision to revoke his religious accommodation regarding students’ pronoun usage.

Kluge was a highly regarded AP music theory and orchestra teacher at the Brownsburg Community School Corporation. With two degrees under his belt, he dedicated his entire career to imparting the love of music to young minds. Throughout his tenure, he achieved exceptional results – encouraging students to actively participate in extracurricular orchestra programs actively, achieving impressive scores on their AP exams, and elevating external orchestra ratings.

By all objective measures, Kluge was an outstanding and accomplished educator.

However, in 2017, the school district mandated teachers to address students using their preferred gender pronouns and names.

To adhere to religious convictions, Kluge requested a religious accommodation under Title VII of the Civil Rights Act, seeking permission to address all students by their last names, similar to what a coach would do.

The school district initially granted Kluge’s accommodation, acknowledging his religious views, and he continued to teach under this arrangement for an entire school year.

Unfortunately, some students and faculty expressed discontent with the accommodation, prompting the school district to reverse its decision and compel Kluge to resign, ending his teaching career.

Kluge is being represented by Alliance Defending Freedom (ADF) in his case, Kluge v. Brownsburg Community School Corporation, which argues that the school district’s actions violated Title VII, a federal law prohibiting discrimination against employees based on religion.

ADF maintains that employers must provide reasonable accommodations for employees’ religious practices unless it causes significant difficulties for their operations.

The U.S. Court of Appeals for the 7th Circuit had previously ruled against Kluge (US Court of Appeals Kluge v. Brownsburg) . However, in light of a recent decision by the U.S. Supreme Court in Groff v. DeJoy, the 7th Circuit has vacated its previous opinion and sent the case back to the district court for reconsideration.

According to senior counsel with Alliance Defending Freedom Rory Gray, the broader issue at stake is the flawed interpretation of Title VII that dates back to the 1977 case Trans World Airlines v. Hardison.

This interpretation has made it challenging for employees to have their religious freedom respected by their employers. Kluge’s case exemplifies how religious employees have faced adverse consequences due to this faulty standard.

In an amicus brief on Kluge’s behalf to the Supreme Court in the Groff case, Alliance Defending Freedom attorneys argued that the impact of the misinterpretation of Title VII extends beyond Christian employees, as other religious groups, such as Muslims, Sikhs, Jewish people, and Rastafarians, have also been denied reasonable accommodations for their religious beliefs.

In response to the U.S. Court of Appeals for the 7th Circuit’s decision Friday to vacate its opinion against the religious accommodation of Indiana high school music teacher John Kluge in Kluge v. Brownsburg Community School Corporation, Alliance Defending Freedom Senior Counsel and Vice President of Appellate Advocacy John Bursch said, “Federal law protects employees’ ability to live and work according to their religious beliefs. Yet the Brownsburg school district ignored the law, deciding Mr. Kluge’s religious views couldn’t be tolerated, revoked his religious accommodation based on the grumblings of a few, and forced him to resign on pain of termination,”

“The school district’s decision violates Title VII, a federal law prohibiting discrimination against employees based on religion. As the Supreme Court recently affirmed in Groff, employers must provide reasonable accommodations for employees’ religious practice unless doing so imposes undue hardships on their operations. The 7th Circuit has now sent Mr. Kluge’s case back so the district court can fix its previous mistakes and apply Groff to uphold Mr. Kluge’s constitutionally protected religious freedom,” Bursch added in a statement on Alliance Defending Freedom Media.

Alliance Defending Freedom is an alliance-building, non-profit legal organization committed to protecting religious freedom, free speech, parental rights, marriage and family, and the sanctity of life.

Alliance Defending Freedom has two vital ministry arms known as Alliance Defending Freedom Church Alliance and Alliance Defending Freedom Ministry Alliance. These arms offer essential legal support and guidance to churches and ministries, assisting them in navigating challenges to religious freedom.

FAQs

Who is John Kluge?

John Kluge was an AP music theory and orchestra teacher at Brownsburg High School, Indiana, known for his commitment to promoting the love of music to students.

What prompted the legal challenge?

In 2017, the school district mandated teachers to address students using their preferred gender pronouns and names. Due to religious convictions, Kluge requested an accommodation under Title VII of the Civil Rights Act, seeking to address all students by their last names.

What was the school district’s initial response?

The school district initially granted Kluge’s request but later reversed its decision following concerns from students and faculty, leading to Kluge’s resignation.

Who is representing Kluge in the legal battle?

Kluge is being represented by Alliance Defending Freedom (ADF).

What is the central argument of Kluge’s case?

ADF argues that the school district’s actions violated Title VII, a federal law prohibiting discrimination against employees based on religion. Employers should provide reasonable accommodations for employees’ religious practices unless it causes undue hardship.

What was the U.S. Court of Appeals for the 7th Circuit’s decision?

The 7th Circuit initially ruled against Kluge. However, in light of a recent U.S. Supreme Court decision in Groff v. DeJoy, the Circuit vacated its previous opinion and sent the case back to the district court for reconsideration.

What broader issue does this case highlight?

The broader issue revolves around the interpretation of Title VII. The flawed interpretation since 1977 has made it difficult for employees to have their religious freedom respected, affecting various religious groups, not just Christians.

What did ADF’s Senior Counsel and VP of Appellate Advocacy comment about the case?

John Bursch stated that the school district’s decision violated Title VII and that the 7th Circuit has sent Kluge’s case back to the district court to apply the recent Groff decision and uphold Kluge’s religious freedom.

What is Alliance Defending Freedom?

Alliance Defending Freedom is a non-profit legal organization dedicated to protecting religious freedom, free speech, parental rights, marriage and family, and the sanctity of life.