The Wisconsin Supreme Court ruled that religious schools are not covered by state laws against employment discrimination. The decision was 4 to 3, and held that freedom of religion association gives the religious schools complete latitude in hiring decisions for teachers.
“Wendy Ostlund (“Ostlund”) brought a claim alleging that she was terminated from her first-grade teaching position at a Catholic school on the basis of her age in violation of the Wisconsin Fair Employment Act (“WFEA”). The school responded that her position was “ministerial,” maintaining therefore, that her suit was barred by the First Amendment of the United States Constitution.”
The majority reasoned that teachers are closely linked to the religious mission of the school. The decision exempts all employees important to a group’s religious mission, including teachers, from employment laws.
“We conclude that both the Free Exercise Clause of the First Amendment of the United States Constitution and the Freedom of Conscience Clauses in Article I, Section 18 of the Wisconsin Constitution preclude employment discrimination claims under … the Wisconsin Fair Employment Act for employees whose positions are important and closely linked to the religious mission of a religious organization. In the case at bar, Ostlund’s school was committed to a religious mission——the inculcation of the Catholic faith and worldview——and Ostlund’s position was important and closely linked to that mission. Therefore, Ostlund’s age discrimination claim under the WFEA unconstitutionally impinges upon her employer’s right to religious freedom. Accordingly, we reverse the court of appeals’ decision and remand to the circuit court to dismiss Ostlund’s claim.”
The dissent argued that the decision allows discrimination against lay employees.
Both the decision of the Court and the dissenting opinion dicussed whether this outcome makes the Wisconsin school voucher program unconstitutional. The majority opinion says that issue has been previously settled by U. S. Supreme Court case law.
The Court pointed out the division among other Courts’ holdings.
Similar holdings
“In addition to those discussed in supra ¶¶50-54, see, e.g., EEOC v. Hosanna-Tabor Evangelical Lutheran Church & Sch., 582 F. Supp. 2d 881 (E.D. Mich. 2008) (holding that the ministerial exception applied to a kindergarten teacher who taught at a Lutheran school offering a “Christ-centered education” and where she received the title of “commissioned minister” from the Lutheran Church——Missouri Synod, even though she did not need to be Lutheran and the teacher’s religious-oriented tasks took up only about 45 minutes of her 7 hour day); Stately v. Indian Cmty. Sch. of Milwaukee, Inc., 351 F. Supp. 2d 858, 868 (E.D. Wis. 2004) (holding that the ministerial exception applied to an elementary school teacher because the school required the teacher to integrate Native American culture and religion into her classes, she participated in and sometimes led the school’s religious ceremonies and cultural activities, and she helped develop her students spiritually); Porth v. Roman Catholic Diocese of Kalamazoo, 532 N.W.2d 195 (Mich. Ct. App. 1995) (holding that an elementary school teacher’s discrimination claims were barred by the First Amendment, and even though the balance of her duties was teaching secular subjects, the teacher’s overall duties were “inexorably intertwined with the primary function of defendants’ school, which is the education of its students consistent with the Catholic faith”).”
Contrary holdings
“See, e.g., DeMarco v. Holy Cross High Sch., 4 F.3d 166 (2d Cir. 1993) (holding that the ministerial exception did not apply to a lay teacher who brought an ADEA action against a parochial school even though the teacher performed some religious duties, including leading his students in prayers and taking them to Mass); Redhead v. Conference of Seventh-day Adventists, 440 F. Supp. 2d 211 (E.D.N.Y. 2006) (holding that the ministerial exception did not apply to an elementary school teacher who taught primarily secular subjects but also taught religion for an hour a day and attended religious ceremonies with students once per year); Guinan v. Roman Catholic Archdiocese of Indianapolis, 42 F. Supp. 2d 849 (S.D. Ind. 1998) (holding that the ministerial exception did not apply to a teacher at a Catholic elementary school because teachers at this school were not required to be Catholic, the vast majority of classes she taught were secular, and she did not lead worship services); EEOC v. Tree of Life Christian Schs., 751 F. Supp. 700 (S.D. Ohio 1990) (holding that the ministerial exception did not apply to parochial school teachers and administrators).”
The opinion of the Court is at Coulee Catholic Schools v. Labor and Industry Review Commission and Wendy Ostlund.