‘Ministerial’ employees can’t sue under federal employment laws — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
  • LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

‘Ministerial’ employees can’t sue under federal employment laws

Get PDF file

by on
in Employment Law,Human Resources

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)

To read the rest of this article you must first register with your email address.

Email Address:

Leave a Comment

Previous post:

Next post: