The Civil Rights Act And Free Exercise And Establishment...

SUMMARY Cheryl Perich was an employer of the Hosanna-Tabor Evangelical Lutheran Church and School and filled an employment discrimination suit for alleged violation of the Americans with Disabilities Act. Cheryl became sick and left work to be on disability, but then was not able to return to her position and allegedly urged to resign. When she refused resignation, her employer Hosanna fired her. The EEOC then filed a discrimination suit against Hosanna-Tabor, which was dismissed. Upon the appeal by Perich and the EEOC, courts ruled that Perich was not a ministerial employee and the case must be retried on the merit of the discrimination claims. In this case, 10-553, the appeal was reversed and the U.S. Supreme Court ruled that Hosanna-Tabor’s actions were lawful. QUESTIONS PRESENTED Under the ministerial exception of Title VII of the Civil Rights Act and Free Exercise and Establishment Clauses of the First Amendment, can a religiously affiliated organization, such as religious schools, discriminate based on religion when hiring employees, such as teachers, including those who deal with non-religious tasks, such as teaching a secular subject? BRIEF ANSWER Yes. The U.S. Supreme Court ruled that under the ministerial exception of Title VII of the Civil Rights Act and the Free Exercise and Establishment Clauses of the First Amendment it is lawful for religiously affiliated organization to discriminate based on religion in the form of any tangible job action; as long as theShow MoreRelatedThe Constitution Is The Highest Level Of Law1858 Words   |  8 Pagessystem of fundamentals such as amendments that people of a state or nation follow in order to establish and construct their government. II. The First Amendment addresses several personal freedoms. 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