Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commission
132 S. Ct. 694
| SCOTUS | 2012Background
- Hosanna-Tabor Evangelical Lutheran Church and School fired Cheryl Perich, a commissioned minister, after she threatened to sue alleging ADA retaliation.
- Hosanna-Tabor classifies teachers as called (minister) or lay (non-minister); called teachers undergo extensive theological training and a formal commission.
- Perich was initially a lay teacher, then commissioned after a colloquy; she taught religious instruction and led chapel, with ministerial duties central to her role.
- The EEOC filed suit alleging retaliation under the ADA and Michigan law; Hosanna-Tabor asserted a ministerial exception under the First Amendment.
- The Sixth Circuit rejected the ministerial exception as to Perich, prompting Supreme Court review to address whether the exception bars employment-discrimination suits against religious employers.
- The Court ultimately held that a ministerial exception exists and bars Perich’s retaliation claim, reinforcing church autonomy in selecting its ministers.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ministerial exception bars retaliation claims | Perich argues ADA retaliation is applicable; church should be liable | Church asserts ministerial exception prevents secular suits | Yes; ministerial exception bars the retaliation claim |
| Who qualifies as a minister under the exception | Functionally a minister depending on duties | Formal title/ordination not decisive; function matters | Yes; Perich qualifies as minister given role and training |
| Is ordination status necessary for the exception | Ordination status is essential | Ordination not necessary; function governs | No; ordination not necessary for ministerial exception |
| Is the ministerial exception jurisdictional or merits-based | Treat as jurisdictional to bar suit | Treat as merits defense | Affirmative defense on the merits (not jurisdictional) |
| Scope of remedies barred by the exception | Remedies like reinstatement or frontpay barred | Remedies barred if connected to ministerial status | Remedies connected to termination barred; other remedies not addressed here |
Key Cases Cited
- Kedroff v. Saint Nicholas Cathedral of Russian Orthodox Church in North America, 343 U.S. 94 (1952) (government interference with church autonomy over ministers unconstitutional)
- Watson v. Jones, 19 Wall. 679 (1872) (courts respect ecclesiastical decisions in church disputes)
- Serbian Eastern Orthodox Diocese for United States and Canada v. Milivojevich, 426 U.S. 696 (1976) (courts defer to ecclesiastical determinations on church governance)
- Employment Div., Dept. of Human Resources of Ore. v. Smith, 494 U.S. 872 (1990) (neutral laws of general applicability; religious doctrine vs. acts)
- McClure v. Salvation Army, 460 F.2d 553 (5th Cir. 1972) (early ministerial exception recognition)