Term: 2011
Docket: 10-553
Hosanna-tabor Evangelical Lutheran Church And School v. Equal Employment Opportunity Commission, Et Al.
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10-553 HOSANNA-TABOR CHURCH V. EEOC DECISION BELOW: 597 F.3d 769 CERT. GRANTED 3/28/2011 QUESTION PRESENTED: The federal courts of appeals have long recognized the "ministerial exception," a First Amendment doctrine that bars most employment-related lawsuits brought against religious organizations by employees performing religious functions. The circuits are in complete agreement about the core applications of this doctrine to pastors, priests, and rabbis. But they are evenly divided over the boundaries of the ministerial exception when applied to other employees. The question presented is: Whether the ministerial exception applies to a teacher at a religious elementary school who teaches the full secular curriculum, but also teaches daily religion classes, is a commissioned minister, and regularly leads students in prayer and worship. LOWER COURT CASE NUMBER: 09-1134, 09-1135
The Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission case in 2011 revolved around the "ministerial exception" to employment discrimination laws, which exempts religious institutions from certain employee lawsuits. Cheryl Perich, a teacher at Hosanna-Tabor Evangelical Lutheran Church and School who was also ordained as a minister by the church, took medical leave for narcolepsy. When she tried to return to work, the school said her position had been filled. She threatened legal action under Americans with Disabilities Act (ADA) and was subsequently fired for insubordination and disruptive behavior towards church administration. The EEOC sued on her behalf claiming retaliation against ADA-protected rights but lost in district court due to ministerial exception doctrine that prevents ministers from suing their churches for employment discrimination. However, an appeals court reversed this decision arguing that Perich's primary duties were secular not religious hence not covered by ministerial exception rule. The Supreme Court unanimously overturned this ruling stating that even employees with significant secular responsibilities can be considered ministers if they play vital roles in conveying church’s message or carrying out its mission thus exempting them from anti-discrimination laws.
In the case of Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, Justice Thomas wrote a concurring opinion that differed slightly from the majority's view. While he agreed with the overall decision to uphold religious institutions' right to select their ministers without government interference (the "ministerial exception"), he argued for an even broader interpretation of this principle. He believed that courts should defer entirely to a religious organization’s good-faith understanding of who qualifies as its minister, rather than trying to apply any specific test or criteria themselves. This would mean giving churches and other religious groups almost complete freedom in deciding which employees count as “ministers” exempted from anti-discrimination laws - potentially including not just pastors but also teachers like Cheryl Perich, whose firing after developing narcolepsy triggered this lawsuit.
