When's a teacher not a teacher? (When she's a minister.)
On January 11, 2012, in a decision penned by Chief Justice John G. Roberts Jr., the United States Supreme Court examined whether the First Amendment's "ministerial exception" barred an employment-discrimination suit brought by a teacher.
Due to her physical condition, Cheryl Perich took a leave of absence from her duties with Hosanna-Tabor Evangelical Lutheran Church. When she later notified her employer of her ability to return to work, she was told that she had been replaced and was fired after she threatened to sue.
Although she claimed her termination violated federal law, the United States Supreme Court thought the First Amendment trumped litigation which challenged the employment decisions made by a religious institution against one of its ministers, even if that individual was primarily employed as a teacher.
Anyone care to sing praise for that?
To view a copy of the court's decision, please use this link: Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission Et Al.
Inquiries about this case may be directed to Professor Randolph McLaughlin or Jeff Norton at:
212-619-5400