Teacher loses church-state employment appeal

CNN Wire Service

WASHINGTON (CNN) — A former teacher at a Michigan religious school lost her workplace discrimination claim at the Supreme Court Wednesday, as the justices deftly avoided the larger questions raised in the church-state dispute.

At issue was whether the Americans with Disabilities Act applies to hiring and firing decisions involving “ministerial employees” like teachers who may have primarily secular job duties.

The unanimous high court concluded Cheryl Perich was indeed a “minister” under a narrow reading of the law and the specific circumstances of her job duties.

“The interest of society in the enforcement of employment discrimination statutes is undoubtedly important,” said Chief Justice John Roberts. “But so too is the interest of religious groups in choosing who will preach their beliefs, teach their faith, and carry out their mission.

“When a minister who has been fired sues her church alleging that her termination was discriminatory, the First Amendment has struck the balance for us. The church must be free to choose those who will guide its way.”

Court records show Perich went on medical leave for narcolepsy in 2004. When she tried to return several months later to the Hosanna-Tabor Evangelical Lutheran Church and School, officials refused to accept her, saying a substitute had been hired to complete the school year. After weeks of often acrimonious discussions between her and the school, Perich was fired for insubordination and “regrettable” conduct toward church leaders.

She then complained to the federal Equal Employment Opportunity Commission, which sued the church on her behalf.

Federal courts have upheld an exception in the Americans with Disabilities Act blocking government intrusion in the employment decisions between religious institutions and ministerial workers. The church said Perich was just such an employee and therefore the institution could not be sued.