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Court Rejects First Amendment Defense To Title VII and Defamation Claims

By Howard Friedman

In Ogugua v. Archdiocese of Omaha, 2008 U.S. Dist. LEXIS 23193 (D NE, March 24, 2008), a Nebraska federal district court rejected First Amendment defenses and permitted a Catholic assistant pastor to proceed with a Title VII claim against the Archdiocese of Omaha, and defamation claims against the Archdiocese as well as the pastor and archbishop involved. Ernest Ogugua claimed that he was reassigned to another church because of his race, his national origin, and his refusal to submit to sexual harassment by a supervisor. Distinguishing an earlier 8th Circuit decision, the court concluded that it would not dismiss Ogugua's Title VII claim on jurisdictional grounds, but instead permit him to file an answer in order to determine whether it can adjudicate the claim without entangling the court in matters of religion. It did dismiss the claim against his supervisors since they were not his employer for Title VII purposes.

After Ogugua was transferred, the archbishop sent an e-mail to parishioners stating that Ogugua was reassigned due to "serious concerns" that arose. The court here also rejected a First Amendment defense and permitted Ogugua to proceed with his defamation claim against all the defendants. Nothing in the e-mail indicated that the concerns with which Ogugua was charged were ecclesiastical in nature.

Full post as published by Religion Clause on March 27, 2008 (boomark / email).