Two months before the Supreme Court dramatically expanded employers’ obligations to grant religious accommodations to employees, rejecting a throwaway line in a 1977 ruling that was widely used to deny accommodations, a Chicago-based federal appeals court ruled that calling students by their last names for the sake of religious conscience was a fireable offense.
Two years later, the same three-judge panel of the 7th U.S. Circuit Court of Appeals cleaned the egg off its face after reviewing former music teacher John Kluge’s second loss in district court in light of the High Court’s precedent for former postal worker Gerald Groff.
Indiana’s Brownsburg Community Schools Corp. will have to convince a jury that it yanked Kluge’s yearlong last-name accommodation and ordered him to either resign or address transgender students by their preferred names and pronouns, in violation of his Christian faith, because the district would have otherwise suffered “substantial increased costs.”
“Because material factual disputes exist, we reverse the district court’s grant of summary judgment to the school on Kluge’s accommodation claim and remand for further proceedings,” said the majority opinion by Judge Michael Brennan, joined by Judge Amy St. Eve, both nominated by President Trump.
They cited “insufficient evidence to conclude that calling students by their last names, without more, would inflict emotional harm on a reasonable person,” and that Brownsburg hadn’t shown Kluge’s practice resulted in emotional distress “under an objective standard.”
Hellbound and Down 