Teacher In Religious School Protected By Title VII’s Prohibition On Religious Discrimination

Ohio Employer Law Blog reports on the 6th Circuit’s decision in Perich v. Hosanna-Tabor Evangelical Lutheran Church and School, Nos. 09-1134/1135 (6th Cir. Mar. 9, 2010), in which the court held that the “ministerial exception” did not prevent an ADA discrimination case proceeding against a religious institution on behalf of a teacher. Judge Clay wrote the opinion and was joined by Judge Guy. Judge White wrote a concurring opinion, agreeing that the “ministerial exception” did not bar the ADA claim, but disagrees with the other judges regarding how deep the split is among the courts as to whether parochial school teachers are or are not ministerial employees for purposes of the exception.