Supreme Court To Decide If Church School Must Follow ADA Employment Rules

Supreme Court To Decide If Church School Must Follow ADA Employment Rules
(Associated Press)
March 30, 2011

WASHINGTON, DC– [Excerpt] The Supreme Court will decide whether a teacher at a church-run school is a religious or secular worker when it comes to the Americans with Disabilities Act.

The high court on Monday agreed to hear an appeal from Hosanna-Tabor Evangelical Lutheran Church and School of Redford, Mich.

Cheryl Perich, a teacher and commissioned minister, got sick in 2004 but tried to return to work from disability leave despite being diagnosed with narcolepsy.

The school said she couldn’t return because they had hired a substitute for that year. They fired her after she showed up anyway and threatened to sue to get her job back.

Perich complained to the Equal Employment Opportunity Commission, which sued the church.

The church wanted the case thrown out. Courts have recognized a “ministerial exception” to the ADA which prevents government involvement in the employee-employer relationship between churches and ministerial employees.

Entire article:
Supreme Court to decide Redford case: Is teacher at church school a religious or secular worker?
http://www.InclusionDaily.com/news/2011/red/0330e.htm

Excerpt from Inclusion Daily.