Supreme Court To Decide If Cheryl Perich, Teacher With Narcolepsy, Can Sue Church School

WASHINGTON — The Supreme Court will decide whether a teacher at a church-run school is a religious or secular worker when it comes to the Americans with Disabilities Act.

The high court on Monday agreed to hear an appeal from Hosanna-Tabor Evangelical Lutheran Church and School of Redford, Mich.

Cheryl Perich, a teacher and commissioned minister, got sick in 2004 but tried to return to work from disability leave despite being diagnosed with narcolepsy. She taught third and fourth graders

The school said she couldn't return because they had hired a substitute for that year. They fired her after she showed up anyway and threatened to sue to get her job back.

Perich complained to the Equal Employment Opportunity Commission, which sued the church.

The church wanted the case thrown out. Courts have recognized a "ministerial exception" to the ADA which prevents government involvement in the employee-employer relationship between churches and ministerial employees.

But the 6th U.S. Circuit Court of Appeals in Cincinnati said Perich's job as a teacher was secular, not religious, so the exception blocking the lawsuit didn't count. The church wants that decision overturned.

The Supreme Court will hear arguments later this year.

The case is Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commission, 10-553.

Comments

[marind]

11:45 AM on 04/03/2011

Interesting that the church is being defended by the "Becket" Society - Thomas a Becket, English Archbishop who claimed that criminal priests could only be tried by the Church - i.e., slap on the hand - rather than by the civil courts.

Re civil law: Seems to me that someone once said "render unto Caesar...."

But then, that would assume that these folks who threw out a disable teacher onto the streets actually care about what Jesus said about caring for the sick.

[marind]

11:36 AM on 04/03/2011

The ADA doesn't apply to religious organizations? Never hear that one before. EEO doesn't apply re the non-discrimination on the basis of religion, but where on earth is there a religious component to a disability law? [Except, of course, for my personal belief that most religious people suffer from a mental disability :))

[lcr999]

08:32 PM on 03/31/2011

An important point here...
Cases at the supreme court level are very narrow. You have to keep an eye on the issue at hand.

The Walmart case, for example, has nothing to do with whether or not Walmart discriminated. It is COMPLETELY about whether or not the plaintiffs have enough in common to be declared a "class". If WalMart wins, There will be much whining about how the court is legalizing discrimination, but it is not. The court is not concerned with the larger case, only with the narrow issue at hand.

Similarly, the issue here has nothing to do with whether a person with narcolepsy can teach, or whether he/she can be adequately treated or accommodated to teach. The ONLY issue at hand is.....Do they get to set their own rules or not. They are claiming that as Church they are exempt from all employment law and can discriminate on whatever basis they want---religion, marital status, race, nationality, hair color, disability, etc.

Stick to the issue at hand. Are churches exempt from normal employment law or not.

[GlennWatson]

02:21 PM on 03/29/2011

The Government should not be telling any private organization who they must employ, especially churches.

[marind]

11:39 AM on 04/03/2011

Please note that this is a DISABILITY case, not a case where the teacher held or promulgated views that were contrary to church teaching.

Where is the "religion" in narcolepsy?? This church is just dumping a disabled employee and then jumping behind it's TAX EXEMPT status as a church to avoid liability for it's cruel behavior. Despicable AND illegal in a civilized society.

[GlennWatson]

08:43 PM on 04/03/2011

Again, private businesses and especially churches should be able to fire and hire anyone they want for any reason. You and I might not agree with the reason but we are not writing the checks.

[JessWonderin]

01:29 PM on 03/29/2011

The issue isn't her ability to teach with her disability - which can be settled in a openhearing - it is the idea that a church or religious organization can define any job or function a "ministerial function" exempt from legal liability ... If a groundskeeper loses a leg in a mower does the church continue to pay the employee and bills as they would if the minister was injured, or would he be covered under workers comp and SS disibility???

[JessWonderin]

01:19 PM on 03/29/2011

Typical dodge ... Be a church when it suits you needs to dodge responsibilities or taxes ... Ignore it when political or personal gain is involved. Who would Jesus fire??

[dailyfiber]

12:35 AM on 03/29/2011

I guess the real question is: was she being discriminated against as a result of her disability? Difficult to prove...but if she can prove it she would be protected under the Americans w/ Disabilities Act which is binding in the Private Sector as well as the Public sector. Depending upon the severity of her Narcolepsy she may only need to take a brief twenty minute nap or two during the day (or medication) which could easily be accommodated by her Employer (Teachers still get breaks/free periods during the day I believe).

[mggwa]

11:32 PM on 03/29/2011

"Teachers still get breaks/fre­e periods during the day I believe"

Why would you believe that? What elementary school teacher gets a break during the day?

[dailyfiber]

12:04 AM on 03/30/2011

I would believe that because I worked as a Teacher for a couple of years right after I graduated College. And unless something has changed structurally, most Teachers have at least one free period during the day (in Elementary School it is usually when their class has Art, Phys Ed, or Music but sometimes is structured as a free period or 'lesson planning' session).

[j0hnwi11iams]

12:12 AM on 03/29/2011

We bend over backwards to make sure churches stay backwards.

[marind]

11:40 AM on 04/03/2011

Well said.

[LMPE]

11:57 PM on 03/28/2011

I learned about narcolepsy in the movie "Rat Race".

[daffey]

11:43 PM on 03/28/2011

I can disagree with the school - perhaps they could have found a way to work things out. Perhaps a way that helped both parties not to be hurt. I can also disagree with the court's decision - teaching in a religious school is still a secular job? Why? Because there are secular teachers? Almost anything in a religious organization could be found to have a secular counterpart if you stretch things enough. I'm for the government staying out of this one. The first amendment didn't want religions taking over our government. But equal and just as important - it didn't want the government getting involved in our religions. That, of course, was the entire reason for Jefferson's famous letter to the Danbury Baptists in the first place.

[ThePeacemakers]

11:34 PM on 03/28/2011

The teacher really messed up when she taught the kiddies:

"Jesus slept."

[clivechristy]

11:28 PM on 03/28/2011

What would Jesus do? Probably throw up a little in his mouth.

[dailyfiber]

12:05 AM on 03/30/2011

Jesus would probably take a nap.

[jimbojonestm]

11:23 PM on 03/28/2011

Interesting, I agree. I can't profess a lot of confidence that this court will rule toward my liking, but if the church does lose, they may want to consider incorporating to reap some of the growing benefits conferred thereupon by the Roberts court.

My two (36?) cents:

While it does make some rational sense that the church can claim an exemption to things like employing gays in ministerial positions as contrary to their beliefs (unfortunately - and not getting into the larger issues of taxes, etc.), I would personally love to see the church go to court to publicly argue that their ministry also requires that they hurl discrimination at the disabled. Ummmmmm....Jesus Anyone?!

Doesn't it make sense that applying the ministerial veil (and pay scale) to Catholic teachers can only result in having not only less qualified teachers, but also ones that place high deference to belief over knowledge? In my city, as in many, Catholic schools are being shuttered and consolidated at a rate of three or four to one. As time and reason press on, and more and more parents decide that they would rather have their children informed by educators than brainwashed by ministers, I can only hope that this course will eventually reach its logical conclusion.

[mggwa]

11:35 PM on 03/29/2011

"hurl discrimina­tion at the disabled. "

It would help if we stuck with the topic at hand. You have a teacher that cannot teach, the school hired a substitute. Now she wants in and has sued her employer. Assuming she wins, what sort of relationship do you think she is going to have and how long do you suppose she will last?

I do not see any "hurling discrimination".

Perhaps you'd like to fly in an airplane with a narcoleptic pilot? Would you be so comfortable then? After all, that's what the co-pilot is for.

[lcr999]

08:16 PM on 03/31/2011

Again the argument before the court is not about the extent of her disability. It is about whether they have the right to discriminate---on any basis. The Church is holding that it is above civil rights law and can hire and fire anyone it wants for any reason.

If they want to argue that she is too disabled to work, they can do that. That is a different case.

So yes, they are discriminating.

ADA only requires that you make reasonable accomodation. It does not require that you let narcoleptics fly airplanes., etc.

[wolfiegirl]

11:11 PM on 03/28/2011

How very Christian of her employers.

[mggwa]

11:36 PM on 03/29/2011

"How very Christian of her employers."

If you say so. I do not see the connection. It's a school and she could not teach. The state requires a certain number of hours of instruction so they hired a substitute. Now she is back demanding her job but someone else has it.

[Naithom]

07:14 AM on 03/30/2011

Actually she can teach. Narcolepsy can be treated just like epilepsy, with medication.

The sub was only there until she could return.

[Blackwing]

11:09 PM on 03/28/2011

The five Republicans on the Supreme Court will rule for the church. If it wasn't a xtian church then there might be some doubt.