Year: 2008 (Vol. 32).
Topic: Constitutional Law; First Amendment.
Question: Whether the children’s choir director of a church sustain sexual harassment claims against her employer without running afoul of the Religion Clauses of the First Amendment, or such claims are barred under the judicially-created “ministerial exception” to Title VII and state employment law.
Format: Word.
Preemption notice! Our Lady of Guadalupe Sch. v. Morrissey-Berru, 140 S.Ct. 2049 (2020) held that the employment discrimination claims of two elementary school teachers at a religious school qualified for the Hosanna-Tabor exception, even though they were not ministers because teachers played roles critical to the mission of the religious school. “Judicial review of the way in which religious schools discharged [their] responsibilties would have undermined the independence of religious institutions in a way that the First Amendment did not tolerate.” Id. at 2055.