158 F. Supp. 3d 177
S.D.N.Y.2016Background
- Marlon Penn, African-American Methodist, ordained minister, and chaplain, sues NYMH and Poulos for discrimination and retaliation.
- NYMH is a Brooklyn not-for-profit hospital with a Pastoral Care Department overseen by Poulos; Penn worked as resident chaplain (2002) and duty chaplain (2004) with limited shifts.
- Penn repeatedly requested more hours or full-time work but was denied; by 2010, Sister Therese’s Catholic chaplain position remained unavailable to Penn due to denomination.
- Poulos allegedly offered the Catholic appointment to Chaplain Joo Hong after unsuccessfully trying to fill it, prompting Penn’s race- and religion-based discrimination claim; Penn contends this was a pretext.
- Penn filed a discrimination complaint with the NY City Commission on Human Rights in September 2010; Defendants later terminated Penn, claiming deteriorating work performance.
- Court previously held Penn a ministerial employee and concluded the ministerial exception may apply; the remaining issue is whether NYMH is a religious institution for purposes of the exception, and the court ultimately grants summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does ministerial exception bar Penn's discrimination/retaliation claims? | Hospital is secular; ministerial exception should not apply. | Hosanna-Tabor extends to bar employment discrimination claims of ministers; NYMH is a religious institution. | Yes; ministerial exception bars claims. |
| Is NYMH a religious institution for ministerial exception purposes? | NYMH severed ties with church; lacks religious character. | NYMH maintains a religious affiliation and mission; substantial religious characteristics persist. | Yes; NYMH is a religious institution for purposes of the ministerial exception. |
Key Cases Cited
- Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 132 S. Ct. 694 (U.S. 2012) (ministerial exception bars government interference with a church's hiring/firing of ministers)
- Scharon v. St. Luke’s Episcopal Presbyterian Hosp., 929 F.2d 360 (8th Cir. 1991) (hospital with substantial religious character can be a religious institution for ministerial exception)
- Rweyemamu v. Cote, 520 F.3d 198 (2d Cir. 2008) (more pervasively religious relationship increases free exercise concerns)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. Supreme Court 1986) (genuine dispute of material fact for summary judgment)