by Christopher Murray and David Wagner, Esqs.
In a unanimous decision, the U.S. Supreme Court recently confirmed the existence of a “ministerial exception” to the ADA and other federal employment statutes such as Title VII of the Civil Rights Act. The justices held that the Constitution’s First Amendment bars employees in ministerial positions from suing churches and other religious employers under such laws.
The case is Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC (No. 10-553, U.S. Supreme Court, 2012). If your organization is religiously affiliated, you need to understand this decision.
First ‘called,’ then fired
Cheryl Perich was a teacher at the Hosanna-Tabor Evangelical Lutheran Church and School in Michigan.
The school has two kinds of teachers: regular “lay teachers” and “called teachers” such as Perich, who have studied theology and to whom the church has given the title of “Minister of...(register to read more)