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Separation of Church and State
Law Memo ^

Posted on 06/27/2011 7:13:27 AM PDT by marbren

The Equal Employment Opportunity Commission (EEOC) sued the employer, asserting a retaliation claim under the Americans with Disabilities Act (ADA). The trial court dismissed the claim, based on the "ministerial exception" to the ADA. The 6th Circuit vacated the trial court's dismissal.

The ministerial exception is codified in the ADA (42 USC Section 12113(d)), but it is rooted in the 1st Amendment and has been applied to Title VII and other employment discrimination statutes. The EEOC's claim arose from the discharge of a teacher from a sectarian school, and the primary issue on appeal was whether the teacher was a "ministerial" employee subject to the ministerial exception. The 6th Circuit noted that "[t]he question of whether a teacher at a sectarian school classifies as a ministerial employee is one of first impression for this Court."

The 6th Circuit observed that "the overwhelming majority of courts that have considered the issue have held that parochial school teachers ... who teach primarily secular subjects do not classify as ministerial employees for purposes of the exception." The 6th Circuit also observed that "when courts have found that teachers classify as ministerial employees for purposes of the exception, those teachers have generally taught primarily religious subjects or had a central role in the spiritual or pastoral mission of the church." Applying those standards, the court concluded that the teacher at issue did not fall within the scope of the ministerial exception. The court noted that the teacher taught secular subjects, and spent only forty-five minutes out of her seven hour workday on religious-oriented activities. The court reasoned, "[t]he fact that [the teacher] participated in and led some religious activities throughout the day does not make her primary function religious."

(Excerpt) Read more at lawmemo.com ...


TOPICS: Religion & Culture; Religion & Politics
KEYWORDS: ada; eeoc
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To: xone
There must be reasons why the Supreme Court wants to hear this case.

The LCMS isn't part of this lawsuit.

I think all religious institutions are very interested in the ruling on this case. It will defiantly set some precedents.

21 posted on 06/28/2011 6:06:37 AM PDT by marbren
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To: xone
Rather it appears that the school board determined that narcolepsy in a teacher is a bad thing, and if they are going to pay someone for the job, they prefer a non-narcoleptic.

I believe I read that the Doctors said with her medication her condition was manageable and she could return to work. I also wonder what her "Call" covenant contract says. I would say that whatever the written contract says should be binding.

22 posted on 06/28/2011 6:14:01 AM PDT by marbren
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To: marbren
I believe I read that the Doctors said with her medication her condition was manageable and she could return to work.

You did read that, but who should determine whether someone with a 'manageable' condition can do the job required, the employer, the doctor or the gov't?

23 posted on 06/28/2011 8:56:01 AM PDT by xone
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To: xone

What about the called teacher?


24 posted on 06/28/2011 10:26:57 AM PDT by marbren
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To: marbren
What about the called teacher?

What about her? If she can't do the job as defined, should she receive pay forever? Who decides: employer, doctor or gov't?

25 posted on 06/28/2011 10:37:16 AM PDT by xone
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To: xone
IMHO I imagine the pharisee church council filled with Dana Carvey church lady influence and gossip is in control. As it should be. That is what pharisees do, they CONTROL!
26 posted on 06/28/2011 11:15:05 AM PDT by marbren
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To: marbren

So you are saying the church should be in control of the people that work there or that an outside agent should be in control, which is it?

Re: your use of the word Pharisee as a pejorative. Pharisees were all about rules. Aren’t you? In this case work rules etc.


27 posted on 06/28/2011 11:29:43 AM PDT by xone
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To: xone

The Holy Spirit should decide. For a called minister the Holy Spirit tells them when and where to go. Heresy and immoral life are the only grounds for dismissal. Politics should not decide. This church may be heterodox.


28 posted on 06/28/2011 11:54:50 AM PDT by marbren
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To: marbren
The Holy Spirit should decide. For a called minister the Holy Spirit tells them when and where to go.

And yet, the congregation issues the call. So once a call is accepted, a called minister has tenure. And as long as he isn't immoral or heretical, he can't be removed. One can cause upheaval, can play 'politics', can be a lousy preacher, not visit the sick etc, but as long as he is moral and non-heretical, he is good to go.

This church may be heterodox.

Really quite an accusation, care to provide any proof of heterodox doctrine, or are you just throwing that out to see if it sticks?

29 posted on 06/28/2011 12:18:29 PM PDT by xone
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To: xone
as long as he is moral and non-heretical, he is good to go.

exactly.

Really quite an accusation, care to provide any proof of heterodox doctrine, or are you just throwing that out to see if it sticks?

I did say may be heterodox.

30 posted on 06/28/2011 1:09:00 PM PDT by marbren
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To: marbren
One can cause upheaval, can play 'politics', can be a lousy preacher, not visit the sick etc, but as long as he is moral and non-heretical, he is good to go.

So a pastor doesn't have to do his job, but if the congregation screws up and calls him, they should be stuck with him until he decides to leave. Another reason I am thankful you don't go to my church and that there IS recourse in the case of an unprofitable calling. You may have your Pater Noster, I've seen what they can do.

31 posted on 06/28/2011 4:13:02 PM PDT by xone
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To: lastchance; marbren
That might stink but the deeper constitutional question is whether the government has the right to define “church.”

They do as regards nontaxable organization status. Now, that is not necessarily defining what "church" is, just whether or not what they are and do allows them to be tax exempt.

32 posted on 06/28/2011 9:55:54 PM PDT by boatbums (my cat erased my tagline)
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To: boatbums

I do realize that and I should have been clearer. This case seems to be more about the government defining a religious institution’s scope of minsitry, which to me is trying to define “church”.


33 posted on 06/28/2011 10:22:16 PM PDT by lastchance ("Nisi credideritis, non intelligetis" St. Augustine)
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To: paladin1_dcs

I believe this is about whether the teacher is exempt from the ADA re: her dismissal. ADA requires that employers make reasonable accomodations to those who are disabled as defined in the act when they are requested to do so by the employee. They are to do this provided the essential nature of the job function is not compromised by the accomodation. Rasonable accomodation may be special equipment, it may be being reassigned to another post, it might be different hours. I suppose for a teacher with narcolepsy it might be to have an aide in the classroom to protect her from self injury and to wake her up.

The Church probably required a fitness for duty report and the Doctor gave them a report which said she was o.k to return to work if on medication. The employer is not obligated to agree with the report but is free to make its own decision. The ADA claim is a separate issue since having a disability that can be controlled or relieved by medication does not mean you are no longer disabled.

This teacher believes and the EEOC agrees she was discriminated against under ADA. The CHurch and those filing the Amicus Curae dispute that claiming a determination in her favor is a major government intrustion into the self determination of religious organizations.

The Holy Spirit is sitting this one out.


34 posted on 06/28/2011 10:37:17 PM PDT by lastchance ("Nisi credideritis, non intelligetis" St. Augustine)
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To: xone
So a pastor doesn't have to do his job, but if the congregation screws up and calls him, they should be stuck with him until he decides to leave.

My position is that the Holy Spirit does, and maintains, and is responsible for the call, Not weeds and pharisees and politicians and man made institutions.

BTW let's try to keep focus on this called minister teacher in Michigan.

35 posted on 06/29/2011 6:30:54 AM PDT by marbren
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To: lastchance
The Holy Spirit is sitting this one out.

IMHO, This case is going to be a big deal in the church state separation discussions. Especially the ministerial exception. Ministers today have no protection in man made worldly pharisaic religious institutions.

36 posted on 06/29/2011 6:34:39 AM PDT by marbren
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To: marbren
And there are inept pastors unfortunately due to the fall, and thankfully there are mechanisms to be rid of them. As for the teacher, in the eyes of the employer, she is incapable of fulfilling that post.

Not weeds and pharisees and politicians and man made institutions.

Which inhabit the church on earth and certainly the 'man-made' parochial schools, to ignore that fact is to be as bad as a liberal, denying the reality of fallen life on earth.

37 posted on 06/29/2011 2:11:50 PM PDT by xone
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To: Quix
Here is the LCMS case again, not sure where it stands. The parallels of my Pastor's current situation are incredible.
38 posted on 09/09/2011 11:14:10 AM PDT by marbren (I do not know but, Thank God, God knows)
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