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August 9, 2012
Court's Dismissal of Teacher's Discrimination Case Reflects Hosanna-Tabor
Influence of landmark Supreme Court decision continues to spread.
An Illinois federal district court relied on the ministerial exception -- given national attention by last year's U.S. Supreme Court Hosanna-Tabor ruling -- in deciding that a former Lutheran school teacher could not sue for discrimination after being terminated.
Janet Herzog filed a lawsuit against St. Peter Lutheran Church, which owns a Lutheran elementary school, claiming her employment was terminated based on age, sex, and marital status. The church claims Herzong was let go because of "budgetary reasons."
The court ruled that although Herzog primarily taught secular subjects, she still legally qualifies as a "minister" because she taught religious classes and became a "called teacher."
The ministerial exception has drawn attention since the Supreme Court unanimously upheld it last year, ruling that a former school teacher could not sue Hosanna-Tabor Evangelical Lutheran Church and School for discrimination under the Americans with Disabilities Act. Some legal scholars called the case the most significant religious freedom case in 20 years.
Comments
The problem parents are having right now with public schools is that they can't fire a teacher for whatever reason except for budgetary reasons and than it has to be done in order due to union rules. The article doesn't say what disability teacher has and whether or not she was the last one in whom are the first to be laid off. A called teacher is not a minister. A minister has to be called by a congregation after seminary instruction. I consider myself a called teacher because I want to teach children to love God and Jesus and how to follow God and Jesus. That still doesn't make me a minister who in my Church is hired by a board as a minister not as a called teacher. Teachers also need to be certified as a teacher in our Christian school, some non-schools in some states don't need to hire teachers that are certified by their state.
Posted By: Original Anna | August 10, 2012 7:47 PM
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