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| 2d Cir. | Jul 14, 2017Background
- Joanne Fratello served as lay principal of St. Anthony's School (a Roman Catholic elementary school in the Archdiocese of New York) from 2007 to 2011; the School declined to renew her contract and she sued for sex discrimination and retaliation under Title VII and New York law.
- The Archdiocese's Administrative Manual and job descriptions emphasized that principals provide "Catholic leadership," supervise religious education, promote the Catholic Values Infusion Program, and are evaluated on religious leadership and implementation of catechetical goals.
- Fratello performed numerous religious tasks: leading daily prayers (via loudspeaker), delivering religious messages (including graduation and yearbook messages), planning and approving religious assemblies and Mass-related elements, supervising religious curriculum and teachers, and communicating spiritual matters to families and staff.
- Fratello held a one-year renewable "Contract of Employment for Lay Principals," was evaluated and commended for her role as a religious leader, and was encouraged to obtain catechist certification (though she had no formal theological training).
- The district court limited discovery to whether Fratello was a "minister" for purposes of the ministerial exception, and granted summary judgment for defendants on the ground that the ministerial exception barred her employment-discrimination claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Fratello is a "minister" under the ministerial exception | Fratello argued her formal title "lay principal" and lack of ordination/ formal religious training precluded ministerial status | Defendants argued her duties, public role as spiritual leader, and the Archdiocesan policies show she functioned as a minister | Court held Fratello was a minister based on the substance of her role, use of the title, and important religious functions performed; ministerial exception applies |
| Whether the ministerial exception inquiry requires examining the employer's reason for termination | Fratello argued the court must consider the nature of the employment dispute and the employer's reason | Defendants maintained the exception is categorical for ministers regardless of proffered reason | Court held Hosanna‑Tabor bars employment-discrimination suits by employees who qualify as ministers regardless of employer's stated reason |
| Whether a secular title ("lay principal") is dispositive against ministerial status | Fratello argued the "lay" designation weighs against ministerial status | Defendants argued title alone is not dispositive and substantive functions control | Court held formal title weighs against but is not dispositive; substantive duties prevail when religious functions are substantial |
| Whether categorical presumptions should apply to parochial-school principals | Fratello urged against presumption that all parochial principals are ministers | Defendants suggested principals commonly are ministers | Court rejected a categorical presumption but found on these facts the principal role qualified as ministerial |
Key Cases Cited
- Hosanna‑Tabor Evangelical Lutheran Church & School v. EEOC, 565 U.S. 171 (2012) (recognizes ministerial exception and lists relevant factors for ministerial status)
- Rweyemamu v. Cote, 520 F.3d 198 (2d Cir. 2008) (pre‑Hosanna‑Tabor Second Circuit adoption of ministerial‑exception principles focusing on function over title)
- McClure v. Salvation Army, 460 F.2d 553 (5th Cir. 1972) (early appellate recognition of First Amendment grounds for a ministerial exemption to employment suits)
- Kedroff v. Saint Nicholas Cathedral, 344 U.S. 94 (1952) (recognizes religious autonomy and freedom from secular interference in ecclesiastical matters)
- Serbian Eastern Orthodox Diocese v. Milivojevich, 426 U.S. 696 (1976) (civil courts must accept ecclesiastical tribunals' decisions on internal religious governance)