First Amendment doesn’t protect religious employers from hostile environment claims
Over the years, courts dealing with employment discrimination suits against churches, synagogues, and other religious organizations have carved out an exemption that bars claims by “ministerial” employees challenging the employer’s hiring and firing decisions. The rationale behind the doctrine is grounded in the two religious prongs of the First Amendment to the U.S. Constitution: The Free Exercise Clause protects a religious group’s right to shape its own faith and mission through its appointments, and the Establishment Clause prohibits government involvement in such ecclesiastical decisions. But does this exemption from suit apply to hostile work environment discrimination claims, when there’s no challenge to the organization’s hiring and firing decisions? A divided panel of the U.S. 7th Circuit Court of Appeals (whose rulings apply to all Illinois employers) recently provided some guidance that is music to employees’ ears.
Processional
Sandor Demkovich was hired in 2012 as the music director at St. Andrew the Apostle Parish, a Catholic church in Calumet City. He is gay and, after same sex marriage became legal, he married his long-time partner. He was also overweight and suffered from diabetes and metabolic syndrome.