Yesterday's Workplace Prof Blog discusses the legal issues involved in a Title VII employment discrimination claim brought by Professor Julie Marie Nemecek who was fired as assistant dean and Associate Professor at Michigan's Spring Arbor University. The school, that describes itself as having a "total commitment to Jesus Christ as its perspective for learning", dismissed Nemecek because she is transgendered and is transitioning from male to female. In response to Nemecek's EEOC complaint, the University said it was relying on the "bona fide occupational qualification" exception to Title VII. 42 USC 2000e-2(e) provides an exemption from the Act's prohibitions on discrimination on the basis of religion or gender where religion or sex is "a bona fide occupational qualification reasonably necessary to the normal operation of" the institution.
In a press release, it said: "We expect our faculty to model Christian character as an example for our students. Faculty who 'persist with activities that are inconsistent with the Christian faith'" are subject to being dismissed.
