Our Lady Of Guadalupe School v. Morrissey-Berru

140 S. Ct. 2049 (2020)

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Nature of the Case

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Facts

Two elementary school teachers at Roman Catholic schools had teaching responsibilities. Morrissey-Berru (P) taught at Our Lady of Guadalupe School (OLG), and Kristen Biel (P) taught at St. James School (James). Berru (P) was employed at OLG as a lay fifth or sixth-grade teacher. The curriculum included religion. While on the faculty at OLG, Berru (P) took religious education courses at the school’s request and was expected to attend faculty prayer services. Berru's (P) employment agreement stated that the school’s mission was “to develop and promote a Catholic School Faith Community.” All her duties and responsibilities were to be performed within this overriding commitment. Teachers were expected to “model and promote” Catholic “faith and morals.” Berru (P) was required to participate in “school liturgical activities, as requested.” She could be terminated “for ‘cause’” for failing to carry out these duties or for “conduct that brings discredit upon the School or the Roman Catholic Church. Berru (P) was “considered a catechist,” a teacher of religion. She provided religious instruction every day using a textbook designed for use in teaching religion to young Catholic students. She also prayed with her students. Her class began or ended every day with a Hail Mary. In 2014, OLG asked Berru (P) to move from a full-time to a part-time position, and the next year, the school declined to renew her contract. She filed a claim with the EEOC and received a right-to-sue letter. She filed suit under the Age Discrimination in Employment Act. She claimed the school had demoted her and had failed to renew her contract so that it could replace her with a younger teacher. OLG maintains that it based its decisions on her difficulty in administering a new reading and writing program, which had been introduced by the school’s new principal as part of an effort to maintain accreditation and improve the school’s academic program. OLG invoked the “ministerial exception” in Hosanna-Tabor, and moved for summary judgment. The Ninth Circuit reversed. It noted that Berru (P) did not have the formal title of “minister,” had limited formal religious training, and “did not hold herself out to the public as a religious leader or minister.” The Supreme Court granted certiorari. Biel’s (P) facts were almost exactly the same except she claimed she was discharged because she had requested a leave of absence to obtain treatment for breast cancer. James (D) maintains that the decision was based on poor performance-namely, a failure to observe the planned curriculum and keep an orderly classroom. Biel (P) obtained a summary judgment and the 9^th Circuit reversed. The Supreme Court granted certiorari.