AMENDED ORDER

Plaintiff Ellenor Zinski sues her former employer, Defendant Liberty University, asserting one claim of sex discrimination in violation of Title VII of the Civil Rights Act, 42 U.S.C. §§ 2000e et seq. Now before the Court is Liberty‘s motion to dismiss, pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. See Dkt. 11 (motion); Dkt. 12 (brief in support).

As explained in the Court‘s accompanying memorandum opinion, none of Liberty‘s proposed defenses are supported by the law on the facts thus far presented. The Court therefore DENIES Liberty‘s motion to dismiss, Dkt. 11.

However, as explained in a separate order and opinion, the Court concludes that the proper interpretation of Sections 702 and 703 of Title VII is (1) a controlling question of law (2) about which there is substantial ground for difference of opinion and (3) an immediate appeal therefrom may materially advance the termination of the litigation. See 28 U.S.C. § 1292(b). The Court therefore CERTIFIES its order in this matter for interlocutory appeal to the Fourth Circuit. See Fed. R. App. P. 5(a)(3).

The Clerk of Court is directed to send a copy of this Order to the parties.

Entered this 3^rd day of April, 2025.

NORMAN K. MOON

SENIOR UNITED STATES DISTRICT JUDGE