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Do anti-discrimination laws protect parochial school teachers?

By John Vettese, Student Voices staff writer

If you go to a public school, your teachers’ rights have the protection of their labor union as well as civil rights laws, making sure they receive fair and equal treatment from their bosses.

Now, how about if you go to a parochial (religious) school? A case at the U.S. Supreme Court is showing that the situation there might be a bit different.

This fall, the justices are deciding whether civil rights laws protect parochial school teachers or whether under the First Amendment’s religion clauses, courts cannot get involved with church matters.

The case, Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, involves a teacher at a Lutheran school named Cheryl Perich who went on disability leave to be treated for narcolepsy. Her leave lasted more than a semester, so the school hired a replacement. When Perich asked to return to her job, the school board told her it had no open positions, and it was concerned about the students’ safety if she was supervising them in weak health. The school asked Perich to resign, and she threatened to sue the school for violating the Americans With Disabilities Act.

If Perich were a public school teacher, the case might have ended right around here. But the Lutheran Church teaches that disputes between church members must be worked out in-house and not in court. When Perich threatened to bring the case to court, the school board overwhelmingly voted to fire her on the spot.

A major point of contention is whether Perich falls under the “ministerial exception” doctrine, which says church ministers are not protected under federal anti-discrimination laws.

Teaching the Lutheran faith was part of Perich’s job at Hosanna-Tabor. But she also taught secular (nonreligious) subjects like math and science. She argues that teaching religion was a small portion of her job, but the school argues that it’s essential – since her instruction provided students with the majority of the education they receive about the Lutheran faith. The school says Perich was a “called teacher,” who performs ministerial duties, and therefore exempt from anti-discrimination laws.

Assistant Solicitor General Leondra Kruger, arguing for Perich, told the Supreme Court that the government “has a compelling and indeed overriding interest…in preventing retaliation against those who would go to civil authorities with civil wrongs.”

What do you think?

Do anti-discrimination laws protect parochial school teachers? Should parochial schools be able to hire and fire employees as they see fit, without government oversight? Were Perich’s civil rights violated? Join the discussion!

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Comments

5/11/2012
porterville,ca

salinna
monache/smith
i beieve that they should apply to parochial school teachers. Since it is a religion. Discrimination is withing race, sex, and religion,. Basicaly they wouldnt have equality as everyone else. So what does that mean? Meaning that it limits there freedom. They have the rights everyone else dose. Therefore, they should protect parochial teachers.

5/11/2012
Porterville, CA

John
Smith/Monache
The civil rights laws do apply even in a parochial school, since the school is just an institute. What the first amendment guarantees is not that religious institutions are granted immunity from the law, but rather that the US government cannot decide whether a private religious practice is legal or not. This means that the institute's religious practices are the only thing free from government involvement.

10/19/2011
Sidney, MT

Harleigh
Mr. Faulhaber, Sidney High
I personally don't think that they should be able to tell a teacher that has had to take leave from her job that she can't have it back because of "weak health". The fact that religous schools are exempt from being sued simply because the government can't put regulations on religion is completly out of line, any teacher should be able to uphold their rights when it comes to their life. Would they do the same thing has Perich had to take maternitaty leave rather than medical? I know going to a public school that no matter how long a teacher has to take off for medical issues they are welcomed back, no problems. I think all schools public or private should have to abide by the same stipulations no matter what.

10/17/2011
Irving/Tx

Azaria
Bradley/Nimitz
In my opinion, Perich should be able to sue the school. Even though she does teach a religion, she also teaches nonreligious courses, and should therefor be treated as any teacher would. If she only taught religion, then she would be exempt from the anti-discriminatory laws. If Perich had been teaching at any other school, she would have gotten her job back. Just because she teaches at a religious school does not mean that she should not get the same rights as every other teacher in the country. Are we going to start discriminating against religious teachers now too? In an effort to make everyone equal under the United States of America's laws, I think that Perich and every other teacher that teaches at a religious school should be treated as if they taught at a public school.