Employment Law | Expert Legal Commentary
April 16, 2010
EEOC v. Hosanna-Tabor: The ADA’s “Ministerial Exception” Does Not Apply to Primarily Secular Employees
EEOC v. Hosanna-Tabor Evangelical Lutheran Church and School
By
Jeremy J. Gray of Zuber & Taillieu
In a case of first impression, the Sixth Circuit has ruled that a grade school teacher at a religious school who taught primarily secular topics falls outside of the “ministerial exception” to the Americans with Disabilities Act (“ADA”). In EEOC v. Hosanna-Tabor Evangelical Lutheran Church and School, ____ F.3d _____, 2010 U.S. App. LEXIS 4891, Nos. 09-1134/1135 (6th Cir., Oct. 6, 2009), the Circuit Court found that the employee could not be categorized as a “ministerial employee” when her “primary duties” at the religious school were secular, thus preventing application of the ministerial exception and enabling the employee’s ADA claim to go forward.
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About the Author
Jeremy J. Gray is a Partner of Zuber & Taillieu, focusing on employment law.
Image Credit: ©iStockphoto.com/topshotUK
