As the third generation in her family to work in her local health care system, Kloosterman served her community for 17 years at Michigan Health. She regularly received exemplary reviews, and supervisors called her “professional,” “very ethical,” and a “pleasure to work with.” She treated all her patients respectfully, regardless of their background, sexual orientation, or declared gender.
But then the University of Michigan Health System took over her clinic.
In summer 2021, after mandatory “diversity and inclusion” training, she asked for a religious accommodation because she could not affirm statements about gender that violated her Christian beliefs, nor could she participate by referring patients for sex-obscuring surgeries or using pronouns that conflicted with human biology.
During follow-up meetings, a Michigan Health diversity representative called Kloosterman “evil,” blamed her for gender dysphoria-related suicides, and told her she could not take the Bible or her religious beliefs to work with her. Less than a month later, she was fired.
After she filed a charge of discrimination with the Equal Employment Opportunity Commission, Valerie’s attorneys at First Liberty sent a letter to Michigan Health asking for her reinstatement, but Michigan Health refused.
So, in October 2022, First Liberty filed a federal lawsuit on behalf of Valerie.
In the lawsuit, First Liberty attorneys state, “Defendants targeted Ms. Kloosterman for termination because she requested an accommodation for her religious beliefs. Defendants also violated the Free Exercise Clause of the First Amendment, as incorporated against the states via the Fourteenth Amendment, when they granted secular accommodations to other employees regarding common drugs and medical procedures while failing to grant a religious accommodation to Ms. Kloosterman regarding much more rare drugs and medical procedures.”
In September 2023, Federal Judge Jane Beckering allowed Valerie’s Free Exercise, Equal Protection, and Title VII religious discrimination claims to proceed.
“It is intolerant of employers to demand that medical professionals like Valerie abandon their religious beliefs in order to remain employed,” said Kayla Toney, Associate Counsel for First Liberty Institute. “We are pleased that the court recognized that our claims that Michigan Health violated Valerie’s constitutional rights and federal employment law have merit and that her lawsuit should proceed. Employers in our nation need to take notice that religious employees cannot be discriminated against because of their beliefs.”
News Release
For Immediate Release: 9.21.23
Contact: Peyton Luke, media@firstliberty.org
Direct: 972-941-4453
Federal Court Clears Path for Physician Assistant’s Lawsuit Against University of Michigan Health
Court allows Free Exercise, Equal Protection, and Title VII claims to proceed.
Grand Rapids, MI—Federal Judge Jane Beckering late yesterday allowed Valerie Kloosterman’s core claims to proceed in her lawsuit brought by First Liberty Institute against University of Michigan Health-West. Ms. Kloosterman was terminated after she sought a religious accommodation from affirming statements that violated her conscience, referring patients for sex-obscuring procedures and experimental drugs, and from using biology-obscuring pronouns. The opinion allows the lawsuit’s Free Exercise, Equal Protection, and Title VII religious discrimination claims to proceed.
You can read the decision here.
“It is intolerant of employers to demand that medical professionals like Valerie abandon their religious beliefs in order to remain employed,” said Kayla Toney, Associate Counsel for First Liberty Institute. “We are pleased that the court recognized that our claims that Michigan Health violated Valerie’s constitutional rights and federal employment law have merit and that her lawsuit should proceed. Employers in our nation need to take notice that religious employees cannot be discriminated against because of their beliefs.”
In her decision, Judge Beckering recognized Ms. Kloosterman’s “exemplary” record and that her “vibrant faith informs how she does her work as a medical professional.” The court ruled that Michigan Health officials demonstrated “hostility toward the sincere religious beliefs that motivated her objection to the training module.” The court cited Kennedy v. Bremerton School District for the principle that “official expressions of hostility” violate the Free Exercise Clause of the First Amendment. The court also found merit in Ms. Kloosterman’s Equal Protection and Title VII claims, because she showed that University of Michigan Health accommodated the preferences of other providers yet refused to accommodate her religious beliefs. And the court rejected Michigan Health officials’ attempt to rely on qualified immunity, finding that Ms. Kloosterman “sufficiently alleged at this stage that each Individual Defendant violated her . . . clearly established freedom of religion and Equal Protection rights.”
In 2021, after mandatory “diversity and inclusion” training, Ms. Kloosterman asked for a religious accommodation because she could not affirm statements about gender that violated her Christian beliefs. During follow-up meetings, a Michigan Health diversity representative called Kloosterman “evil,” blamed her for gender dysphoria-related suicides, and told her she could not take the Bible or her religious beliefs to work with her. Three weeks later, she was fired.
In the federal lawsuit filed in October 2022, First Liberty attorneys argued that Michigan Health “targeted Ms. Kloosterman for termination because she requested an accommodation for her religious beliefs.”
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About First Liberty Institute
First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact Peyton Luke at media@firstliberty.org or by calling 972-941-4453.
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