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Ministerial Exception Does Not Bar Catholic High School Teacher's Age Discrimination Claim

By Howard M. Friedman

In Hendricks v. Marist Catholic High School, (D OR, March 16, 2011), an Oregon federal district court refused to apply the ministerial exception to prevent a Catholic high school teacher from bringing an age discrimination claim after his teaching contract was terminated.  The court said that because plaintiff was neither an actual nor potential member of the clergy, but instead a "Lay Teacher", the exception does not apply under 9th Circuit precedent. He was not the functional equivalent of a minister, even though some of his job duties involved religion. Nor did the court find a separate Establishment Clause basis for dismissing plaintiff's lawsuit. [Thanks to CCH Employment Law Daily via Steven H. Sholk for the lead.]

Full post as published by Religion Clause on March 21, 2011 (boomark / email).