Brownsburg Community School Corporation (“Brownsburg” or the “School”) is a public school corporation in Brownsburg, Indiana. Its high school teachers are required to call all students by the names and pronouns registered in the School’s official student database. John Kluge, the sole music and orchestra teacher at Brownsburg High School, objected on religious grounds to using the first names of transgender students to the extent that he deemed those names inconsistent with their sex recorded at birth.
Prior to the 2017-2018 academic year, School officials became aware that several transgender students were enrolled as freshmen at the High School. This led to discussions about how to best address the needs of these students, whom evidence suggested would “face significant challenges in the high school environment, including diminished self-esteem and heightened exposure to bullying.” Among other things, Brownsburg settled on the practice of requiring teachers to use the names and pronouns registered in the official student database (the “Name Policy”). Transgender students were able to change their names in the database by presenting a letter from a parent and a second letter from a healthcare professional regarding the need for a change. According to Brownsburg, the Name Policy provided the faculty with a straightforward rule when addressing students, and it afforded dignity and empathy toward transgender students who were considering or in the process of gender transition.
A week before the start of the 2017-2018 school year, Kluge was notified that he would be instructing two transgender students. On the first day of classes, Kluge informed the school principal that he would not call transgender students by the names and pronouns in the School database, and that he objected to doing so on religious grounds. Kluge requested accommodation in the form of calling all students by their last names only, like a gym coach. Kluge said if he was asked why he was using last names, he would not mention his religious objections to using transgender students’ first names and would explain that he was using last names only because they were an orchestra team, and he was treating them just like a sports coach would treat a team working towards a common goal. Kluge also asked to be excused from handing out orchestra uniforms so that he would not have to hand students clothing that he believed was inconsistent with their sex recorded at birth.
Brownsburg agreed to the proposed accommodation but problems arose. While Kluge contended that he was perfectly compliant in the use of last names only, transgender students complained that he would “slip up” or use first names or gendered honorifics for students who were not transgender. One transgender student felt “alienated, upset, and dehumanized” by Kluge’s behavior. Another said Kluge’s conduct “exposed him to widespread public scrutiny in high school.” Other students, who did not identify as LGBTQ, also said that the use of last names made them feel uncomfortable. One student felt the practice was awkward because the class was fairly certain why Kluge switched to using last names, and doing so made transgender students stand out. Multiple faculty members also complained that Kluge’s practice of using last names only was causing harm to students. The principal continued to receive complaints throughout the semester.
In December 2017, Kluge was informed the last names only policy was not working in practice because students were being harmed. The principal explained education needed to move forward without tension and discomfort, and he suggested Kluge may want to resign at the end of the school year. Kluge said he was not aware of any tension. The principal would not disclose the names of the students or faculty who complained, which to Kluge suggested the principal was lying. Kluge said he left the meeting believing the accommodation was working without creating an undue hardship. In a follow up meeting, the principal reinforced that he wanted Kluge to resign at the end of the school year. Kluge said that he should not resign simply because the principal did not like tension and conflict. Kluge also cited scripture to point to why he should stay.
In February 2018, Kluge was informed that after the 2017-2018 school year all teachers would be required to address students by the first name recorded in the School’s database. Kluge explained that his objection to using the database names for transgender students was religious, and using last names only was a reasonable accommodation. The School said the accommodation was not reasonable because it was detrimental to kids. After Kluge went into greater explanation of his religious objections to the Name Policy, and the School held firm, Kluge eventually decided to resign rather than comply with the Name Policy.
Kluge sued Brownsburg, bringing claims under Title VII for religious discrimination (failure to accommodate), retaliation, and hostile work environment, as well as federal and state constitutional claims, and other claims under Indiana law. Only the discrimination and retaliation claims survived a motion to dismiss. The federal district court granted summary judgment in favor of the School on those remaining claims. On appeal, Kluge asked the U.S. Court of Appeals for the Seventh Circuit to reverse the grant of summary judgment in favor of the School and remand the discrimination claim to the district court.
Title VII prohibits an employer from discharging an individual, or otherwise discriminating against an individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual’s religion, as well as certain other protected characteristics. In keeping with Title VII, employers are required to make reasonable accommodations to the religious needs of their employees. Employers are not, however, required to make accommodations that result in undue hardship on the conduct of the employer’s business operations. Under applicable case law, the standard for undue hardship is slight. An employer need not bear more than a de minimis cost in making an accommodation for religious belief or practices.
The School claimed that the last-names-only practice frustrated the effort to educate all students by harming students and negatively affecting student learning. According to the Seventh Circuit, the only relevant question was whether the school could accommodate Kluge without working an undue hardship on the conduct of its business. That business being the compulsory education of all its students. The Seventh Circuit found the undisputed evidence demonstrated that Brownsburg established the last-names-only policy created an undue hardship as a matter of law, because it conflicted with the School’s philosophy of affirming and respecting all students and resulted in some students feeling disrespected, targeted, and dehumanized and therefore disrupted the learning environment. The court ruled that no reasonable jury could conclude that harm to students and disruption to the learning environment are just de minimis harms to a schools’ business.
Brownsburg Community School Corp. v. Kluge, No. 21-2475 (7th Cir. 2023).