Monday, March 28, 2011
Almost exactly a year ago, we blogged about a case on the ministerial exception to the ADA from the Sixth Circuit, EEOC v. Hosana-Tabor Evangelical Lutheran Church and School. The Supreme Court granted cert. in the case today on the question:
Whether the ministerial exception, which prohibits most employment-related lawsuits against religious organizations by employees performing religious functions, applies to a teacher at a religious elementary school who teaches the full secular curriculum, but also teaches daily religion classes, is a commissioned minister, and regularly leads students in prayer and worship.
That question is not exactly framed the way that the Sixth Circuit addressed the issue. It looked at the teacher's primary duties and held that forty-five minutes of religious instruction of every seven hours of work was not enough to make her a ministerial employee.
To see the relevant documents, here's a link to SCOTUSBlog's case page. This will be an important one to watch.