Are Called Teachers Exempt Ministers Under Federal Civil Rights Laws?

In 2005, a Lutheran Church and school in Michigan named Hosanna-Tabor, which is affiliated with the Lutheran Church-Missouri Synod, terminated Cheryl Perich, a called teacher, because she threatened to sue under the Americans with Disabilities Act (“ADA”), and because she did not try to resolve her dispute through internal church procedure.  Perich taught third and fourth grades.  Some subjects Perich taught were secular, and some religious.  Perich sued under the ADA’s anti-retaliation provisions.  The Church prevailed in the federal trial court, but that decision was overturned by the 11th Circuit Court of Appeals.  The United States Supreme Court hears arguments on the case this week, and is expected to rule sometime next year.  Under the ADA, it is clear that churches can discriminate on the basis of religion.  And, under the Ministerial Exception to the federal civil rights laws, churches can discriminate against their ministers, and courts are not allowed to interpret or interfere with church doctrine.  The main issue in the Perich case is whether Perich, a called teacher, is a minister, as the trial court found, or a secular employee, as the appeals court found.  This question will not be easy to answer.  On the one hand, Perich spent approximately six hours and fifteen minutes of her seven hour day teaching secular subjects, and using secular textbooks, without incorporating religion into the secular material.  Moreover, the primary duties of called teachers at this church were identical to those of non-called teachers, who do not have the title of minister, and at least one non-called teacher who taught at the church was not Lutheran.  On the other hand, Perich participated in and led religious activities throughout the day, Perich was required to be a “fine Christian role model”, Perich underwent extra religious training as a result of completing her colloquy, and Hosanna-Tabor gave Perich the title of “commissioned minister” and held her out to the world as a minister by bestowing this title upon her.  There have been numerous cases that have ruled on the issue of whether a teacher at a church school is a minister.  But, this will be the first time the Supreme Court will decide the issue.  –Adam K. Treiger