Hosanna-Tabor Evangelical Lutheran Church And School v. Equal Employment Opportunity Commission

132 S.Ct. 694 (2012)

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Nature of the Case

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Facts

D is a member congregation of the Lutheran Church-Missouri Synod, the second largest Lutheran denomination in America. D operated a small school offering a 'Christ-centered education' to students in kindergarten through eighth grade. A called teacher undergoes religious certification. Once called, a teacher receives the formal title 'Minister of Religion, Commissioned.' A commissioned minister serves for an open-ended term; at D, a call could be rescinded only for cause and by a supermajority vote of the congregation. 'Lay' or 'contract' teachers are appointed by the school board, without a vote of the congregation, to one-year renewable terms. Lay teachers were hired only when called teachers were unavailable. Perich was employed as a lay teacher in 1999. She completed her colloquy later that school year and D asked her to become a called teacher. Perich accepted the call and received a 'diploma of vocation' designating her a commissioned minister. Perich taught kindergarten and fourth grade. She taught math, language arts, social studies, science, gym, art, and music. She also taught a religion class four days a week, led the students in prayer and devotional exercises each day, and attended a weekly school-wide chapel service. Perich led the chapel service herself about twice a year. Perich became ill and was diagnosed as narcolepsy. She missed the start of the school year, and eventually, D held a meeting of its congregation and voted to offer Perich a 'peaceful release' from her call, whereby the congregation would pay a portion of her health insurance premiums in exchange for her resignation as a called teacher. The school board urged Perich to reconsider, informing her that the school no longer had a position for her, but Perich stood by her decision not to resign. This all resulted in Perich being fired. Perich filed a charge with EEOC, alleging that her employment had been terminated in violation of the ADA. EEOC (P) brought suit against D. D moved for summary judgment under the 'ministerial exception.' The court granted D’s motion. The Court of Appeals for the Sixth Circuit vacated and remanded. The court concluded, however, that Perich did not qualify as a 'minister' under the exception, noting in particular that her duties as a called teacher were identical to her duties as a lay teacher. The Supreme Court granted certiorari.