Philip Cannata v. Catholic Diocese of Austin, et a
700 F.3d 169
5th Cir.2012Background
- Cannata was Music Director at St. John Neumann Catholic Church since 1998, overseeing the music program and related duties, including budgeting, sound, rehearsals, and Mass participation.
- He was fired in August 2007 by the parish pastor, Father Garner.
- Cannata filed suit alleging ADEA and ADA violations; district court dismissed on ministerial-exception grounds; Hosanna-Tabor acknowledged the exception exists.
- Appellees moved to dismiss and later for summary judgment after discovery; district court granted dismissal for lack of subject-matter jurisdiction.
- This court affirms district court, holding no genuine issue of material fact defeats the ministerial exception; Cannata falls within the exception and his suit is barred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cannata falls within the ministerial exception | Cannata argues he lacked ministerial status | Church contends Cannata is a liturgical minister | Cannata falls within the ministerial exception |
| What standard governs ministerial-exception analysis post Hosanna-Tabor | Exception is a jurisdictional matter or rigid test | Exception is an affirmative defense analyzed on the record | Hosanna-Tabor rejects rigid formulas; analysis is on the record with all relevant facts |
| Whether the church’s evidence shows Cannata’s role advanced Mass and church mission | Cannata’s duties were secular and not ministerial | Musicians are integral liturgical ministers; Cannata aided Mass | Cannata’s role significantly advanced Mass; falls within ministerial exception |
| Whether Starkman factors survive Hosanna-Tabor in determining ministerial status | Starkman three-factor test remains controlling | Hosanna-Tabor invalidates rigid Starkman framework | Hosanna-Tabor moderates Starkman; no rigid factor analysis required |
Key Cases Cited
- Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 132 S. Ct. 694 (U.S. 2012) (establishes the ministerial exception as an affirmative defense)
- Starkman v. Evans, 198 F.3d 173 (5th Cir. 1999) (three-factor test for ministerial status, modified by Hosanna-Tabor)
- Triplett v. Heckler, 767 F.2d 210 (5th Cir. 1985) (summary-judgment standard applied when lower court mischaracterized the issue)
- McClure v. Salvation Army, 460 F.2d 553 (5th Cir. 1972) (pre-Hosanna-Tabor framework for ministerial exception)