Mark & Galusha, Employment Law Attorneys - Hackensack, Bergen County, New Jersey

The United States Supreme Court will hear an appeal from the Sixth Circuit Court of Appeals regarding the scope of the “ministerial exception” to the Americans with Disabilities Act (ADA). The Americans with Disabilities Act protects individuals with disabilities in the workplace.  However, there is an exception from the Act for religious entities that allows preference in employment to individuals of a particular religion, which derives from the First Amendment’s right of religious freedom.  There have been various cases involving employees whose duties involve both secular and non-secular responsibilities, such as the parochial school teacher in Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC,  who taught various secular subjects.

The U.S. Supreme Court will decide whether “the ministerial exception applies to a teacher at a religious elementary school who teaches the full secular curriculum, but also teaches daily religion classes, is a commissioned minister, and regularly leads students in prayer and worship.”   Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, (Docket No. 10-553).

Mark & Galusha, Lawyers handling employment matters in Hackensack and Oradell, Bergen County, New Jersey.

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