Court: Some religious workers can’t sue for bias
Justices back exception to discrimination rules
WASHINGTON — The Supreme Court ruled Wednesday that certain employees of church-run schools and other religious organizations cannot sue for job bias. The unanimous decision stresses the need of religious groups to carry out their mission without government interference.
In one of the most important church-state cases in years, the justices recognized a “ministerial exception” to federal protections against job discrimination, a stance that had been adopted by several lower federal courts.
Wednesday’s decision did not fully define who would be covered but suggested that any people connected to the religious mission of the institution, even with minimal related duties, would be covered.
“The interest of society in the enforcement of employment discrimination statutes is undoubtedly important,” Chief Justice John Roberts wrote for the court. “But so too is the interest of religious groups in choosing who will preach their beliefs, teach their faith and carry out their mission.”
The court sternly rejected the position of the U.S. Equal Employment Opportunity Commission, which had argued against any ministerial exception and had backed a Michigan teacher who was diagnosed with narcolepsy but cleared to work. Cheryl Perich had sued under the Americans with Disabilities Act when she lost her job at a Lutheran school. The Hosanna-tabor Evangelical Lutheran Church said Perich violated church tenets by bringing her grievance to the EEOC rather than using internal processes to try to win reinstatement. Hosanna-tabor argued that her suit should be barred by the First Amendment protection for religion.
In agreeing, Roberts said that when a person who has ministerial duties sues her church for bias, courts must throw out the case. The “First Amendment has struck the balance for us,” he said. “The church must be free to choose those who will guide it on its way.”
The case had drawn interest from dozens of religious organizations and civil rights groups.
University of Notre Dame law professor Rick Garnett, who had represented several groups siding with Hosanna-tabor, including the National Council of the Churches of Christ, said the decision
“(The) First Amendment has struck the balance for us. The church must be free to choose those who will guide it on its way.”
— Chief Justice John Roberts
makes clear that religious organizations may control who should be their teachers and ministers.
“I don’t think it changes things on the ground that much,” he said. “It will make the litigation of these cases more efficient. Courts of appeals will be secure in the knowledge that the Supreme Court agrees with them.”
Yet, University of Washington law professor Eric Schnapper, who had submitted a brief on behalf of the National Employment Lawyers Association, said the decision will not staunch litigation of “borderline” cases, such as whether a choirmaster may be covered. He noted that the decision leaves unanswered questions of religious employer liability in disputes over wage claims, sexual harassment and other personal injuries.
The First Amendment prevents government from endorsing religion or prohibiting its free exercise. The case tested whether that requires a “ministerial exception” in job discrimination claims and whether Perich, whose duties were mostly secular, was covered. The Justice Department, on behalf of the EEOC, said her case should be considered a straight employee-employer problem without special consideration because a church was involved.
Roberts rejected that stance and said many factors go into whether someone meets the exception. He noted that although teacher Perich spent only 45 minutes of her day on religious duties, she had undergone significant religious training and the church held her out as a minister.
“The issue before us . . . is not one that can be resolved by a stopwatch,” he said.