The Supreme Court recently rendered an
unanimous decision in the case of Hosanna-Tabor vs. EEOC ruling against the
Americans with Disabilities Act. The Supreme Court agreed, for the first time
explicitly recognizing a “ministerial exception” to the ADA and other federal
civil rights laws.
Quick summation: Cheryl Perich, a
teacher at Hosanna-Tabor Evangelical Lutheran Church and School, had taken a
leave of absence after being diagnosed with narcolepsy, and was asked to resign
when her doctor released her to return to work.
You must know that Perich was considered a "called" teacher, a
minister's status, and earned higher pay
and tax breaks that her lay teacher colleagues did not. Perich was replaced by a lay teacher. After refusing to resign (a "peaceful
release" according to the church), Perich was fired.
The high court decided to focus on the
fact that Perich was considered a minister, and religious bodies must be free
to decide who will “preach their beliefs, teach their faith, and carry out
their mission.” Okay, I can go along with that.
But why, suddenly after a medical issue, is Perich not qualified to do
this?
This is why ADA and the Family Medical
Leave Act are so important. This legislation provides for job protection for
individuals with disabilities and family medical emergencies. Then why did this
church get away with firing Perich?
Ah, yes, the "ministerial exception."
I don't know what disgusts me more -
the Supreme Court ruling against protecting the jobs of people with
disabilities , or the fact that a church was the institution firing the worker
with a disability. A Christian church, as in "of, pertaining to, believing in, or belonging to the religion based on the teachings of Jesus Christ." I've read the Bible cover to cover and can't
remember the part after Jesus healed the sick man, when he got fired from his
job. Maybe it's in the King James.
Keep
a watchful eye on this court. SCOTUS ON NOTICE!
General
Contact Information:
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1 First Street, NE
Washington, DC 20543
Telephone:202-479-3000
TTY:202-479-3472
(Available M-F 9 a.m. to 5 p.m. eastern)