319 F. Supp. 3d 940
E.D. Ill.2018Background
- Sterlinski was hired in 1992 as Director of Music at St. Stanislaus Parish; in June 2014 he was demoted to a part‑time organist role and later terminated.
- After demotion he performed as organist at weekend Masses, weddings, and funerals, playing music selected by the parish pastor with little or no discretion.
- Plaintiff sued the Catholic Bishop of Chicago for national origin and age discrimination and retaliation under Title VII and the ADEA.
- The court previously dismissed claims tied to Sterlinski’s time as Director of Music under the ministerial exception, allowed limited discovery on whether the exception applied at the time of his firing, and reserved ruling on post‑demotion claims.
- The Diocese presented an expert affidavit (Director of the Office for Divine Worship) and the USCCB guidance Sing to the Lord to show that music (and the organist) perform a liturgical, ministerial role.
- The court found the Church’s authoritative doctrine and expert evidence established that playing organ at Mass is a ministerial function and granted summary judgment for the Diocese, barring Sterlinski’s suit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the ministerial exception bars post‑demotion employment claims | Sterlinski: post‑demotion duties were non‑ministerial (mere accompanist; replaceable by recorded music; no discretion in music selection) | Diocese: official Church doctrine and expert evidence show musicians/organists exercise a genuine liturgical ministry even when following assigned music | Exception applies; summary judgment for Diocese — organist role is ministerial |
| Whether lack of authority to choose music negates ministerial status | Sterlinski: no selection power, therefore not conveying Church message | Diocese: discretion is not required; many ministerial roles follow assigned texts/music (analogous to lectors) | Lack of selection authority is not dispositive; ministerial status can exist despite limited discretion |
| Whether playing strictly from sheet music precludes ministerial function | Sterlinski: “robotic” performance is non‑religious and replaceable | Diocese: Sing to the Lord and expert affirm that even accompanists playing assigned music participate in sung prayer and ministry | Playing assigned music still qualifies as liturgical ministry under Church doctrine |
| Whether ordination is required to invoke ministerial exception | Sterlinski: not applicable (he is not ordained) | Diocese: ordination is not required; function and role control | Ordination not required; function/role determine ministerial status |
Key Cases Cited
- Hosanna‑Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171 (2012) (establishes ministerial exception to employment discrimination laws)
- Grussgott v. Milwaukee Jewish Day Sch., Inc., 882 F.3d 655 (7th Cir. 2018) (fact‑intensive assessment of ministerial status; court must defer to religious organization's characterization)
- Tomic v. Catholic Diocese of Peoria, 442 F.3d 1036 (7th Cir. 2006) (applied ministerial exception to a music director who selected and played liturgical music)
- Cannata v. Catholic Diocese of Austin, 700 F.3d 169 (5th Cir. 2012) (musicians, even accompanists, can further church mission and be covered by ministerial exception)
- McCarthy v. Fuller, 714 F.3d 971 (7th Cir. 2013) (courts may accept existence of authoritative church ruling but must then defer to it)