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Court cannot comment on conflict, including Catholic clergy-principal's sacking

February 2020 employment law letter
Authors: 
Steven L. Brenneman, Fox, Swibel, Levin & Carroll, LLP

Over the past months, we've written about some court decisions applying religious exemptions embodied in federal antidiscrimination statutes. A recent decision by the Illinois Appellate Court illustrates a companion doctrine under state common law.

Vocation

Mary Rehfield was employed by the Diocese of Joliet as principal of St. Raphael Catholic School. She reported to Father Daniel Bachner, an ordained Roman Catholic priest and pastor of St. Raphael Parish, which operated the school.

When Rehfield was hired in 2012, and each year thereafter, she and the diocese entered into one-year employment contracts. She consistently received good performance reviews.

In January 2016, a teacher at the school was contacted by a student's mother, who complained her child was being bullied. Although the teacher addressed the issue and believed it was resolved, shortly thereafter the teacher received an e-mail from the same student's father, William MacKinnon, reiterating that his child must not be bullied. The teacher found the e-mail rude in tone, although not threatening. She notified Rehfield of the e-mail, who in turn informed Father Bachner.

Commandment

Father Bachner advised Rehfield to respond to MacKinnon directly and ask him to send all future communication to her and to use a more collegial manner. Rehfield complied fully with this direction. MacKinnon replied to Rehfield and apologized for the tone of his e-mail.

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