If yours is a religious organization, many employment discrimination laws may not apply to some employees who perform “ministerial” work.
Recent case: Music Director Philip Cannata was fired from his job at a Catholic parish. Cannata claims he was terminated because of his age and disability. The parish said Cannata couldn’t sue because his work was a ministerial part of the church’s religious mission.
The court agreed. It noted that Cannata chose music for religious ceremonies and participated in funerals, weddings and other services. It said his advice and control over musical selections indicated he was acting in a religious capacity. The court dismissed Cannata’s suit. (Cannata v. Catholic Diocese of Austin/St. John Neumann Catholic Church, No. A-1-CA-375, WD TX, 2011)
Note: The U.S. Supreme Court recently heard a case involving the ministerial exemption. Its decision could narrow the law on this issue.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Know when to worry about discrimination--and when court will rule 'no harm, no foul'
- Beaumont P.D. to pay $150,000 for sex discrimination
- 'You Won't Work Sundays?!' EEOC Offers Guidance on Religious Accommodations
- Settlement leaves weight loss firm $20 million lighter