McCallum v. Billy Graham Evangelistic Ass'n
824 F. Supp. 2d 644
W.D.N.C.2011Background
- McCallum, an African-American employee, worked in BGEA’s Global Ministries division as Administrative Assistant (2007).
- She observed racial disparity in church recruitment lists for Dare To Be A Daniel and alerted Dr. Campbell, who referred her to Hill for inquiry.
- Downsizing eliminated her Global Ministries Administrative Assistant position effective August 31, 2007, while a white employee with no duties remained on payroll.
- She later learned a white housekeeping employee was hired for a nearby position she had sought, and the only eliminated position was hers.
- She filed Title VII, § 1981, and state-law public policy claims in June 2009 in Mecklenburg County; BGEA removal followed, arguing lack of subject-matter jurisdiction or failure to state a claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Church Autonomy/ministerial exception applicability | McCallum not in a ministerial role; practice not protected | Church Autonomy protects religious decisions; ministerial exception may bar suit | Church Autonomy does not deprive jurisdiction; claim survives for discrimination |
| Racial discrimination claim viability under Twombly/Iqbal | Facts show disparate treatment and proximity in time to alleged discriminatory acts | Record insufficient to show intentional race-based discrimination | Discrimination claim plausible and survives to proceed |
| Retaliation claim viability under Title VII | Opposition to discriminatory practices constitutes protected activity | Plaintiff did not engage in protected activity; retaliation not proven | Retaliation claim granted as to dismissal; claim dismissed |
| Scope of discovery under First Amendment protections | Discovery should probe non-religious discriminatory practices | Discovery limited to non-religious matters consistent with First Amendment rights | Discovery permitted on non-religious matters; certain doctrinal topics off-limits |
Key Cases Cited
- Rayburn v. Gen. Conf. of Seventh-Day Adventists, 772 F.2d 1164 (4th Cir. 1985) (ministerial exception and church autonomy balancing)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (S. Ct. 2007) (plausibility standard for pleading a claim)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (U.S. 1973) (framework for discrimination claims (prima facie, cause, pretext))
- Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (U.S. 2000) (ultimate question in discrimination cases: intent)
- Rayburn v. Gen. Conf. Seventh-Day Adventists, 772 F.2d 1164 (4th Cir. 1985) (ministerial exception and church autonomy balancing (duplicate listed))
- E.E.O.C. v. Mississippi College, 626 F.2d 477 (5th Cir. 1980) (Title VII applies to secular employment decisions of religious institutions)
- Kimberly McLean v. Patten Communities, Inc., 332 F.3d 714 (4th Cir. 2003) (no private right of action for retaliation under NC statute; relevance to framework)