Henry v. Red Hill Evangelical Lutheran Church of Tustin
134 Cal. Rptr. 3d 15
Cal. Ct. App.2011Background
- Church and school operated as a religious nonprofit; school on church property and part of church ministry.
- Henry was an at-will preschool teacher/director from Aug 2002 to May 2009.
- She taught religion and led chapel; duties included Christian-oriented instruction and prayers.
- She lived with her boyfriend and had a child out of wedlock; later term was for living arrangement contrary to church beliefs.
- Principal learned of living situation after parents discussed it; termination occurred in May 2009 for living with her boyfriend and raising their child.
- FEHA claims were barred because church is not an employer under FEHA; ministerial exception and Title VII exemptions discussed; public policy claim barred by ministerial exception.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FEHA applicability to church | Henry argues FEHA discrimination due to marital status. | Church argues FEHA excludes religious associations from employer definition. | FEHA inapplicable; church not an employer under §12926(d) and §12926.2(f). |
| Title VII exemption impact on termination | Henry asserts sex/marital-status discrimination under Title VII. | Religious exemption permits termination for conduct incompatible with church beliefs. | Termination upheld under Title VII religious exemption. |
| Ministerial exception scope | Henry contends ministerial exception does not apply to her role as a teacher/administrator. | Teacher/director at a church school serves religious mission; exception applies. | Ministerial exception applies; termination allowed to defend religious mission. |
Key Cases Cited
- Chavez v. City of Los Angeles, 47 Cal.4th 970 (Cal. 2010) (FEHA enforcement and public policy considerations cited for context)
- Silo v. CHW Medical Foundation, 27 Cal.4th 1097 (Cal. 2002) (public policy and FEHA interplay; ministerial exception discussion cited)
- Tameny v. Atlantic Richfield Co., 27 Cal.3d 167 (Cal. 1980) (established public policy wrongful-termination claim basis)
- Kennedy v. St. Joseph’s Ministries, Inc., 657 F.3d 189 (4th Cir. 2011) (Title VII religious exemption extends to termination for conduct incompatible with religion)
- Catholic Charities of Sacramento, Inc. v. Superior Court, 32 Cal.4th 527 (Cal. 2004) (ministerial exception applied to church-related institutions with substantial religious character)
- E.E.O.C. v. Fremont Christian School, 781 F.2d 1362 (9th Cir. 1986) (teacher's exclusion from ministerial exception discussed in evaluating religious exemptions)