Hosanna-Tabor law case study 2012 (Hosanna-Tabor Evangelical Lutheran Church and School V. Equal Employment Opportunity Commission)

HOSANNA-TABOR LAW CASE STUDY 2012
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HOSANNA-TABOR LAW CASE STUDY 2012
Hosanna-Tabor Evangelical Lutheran Church and School V. Equal Employment Opportunity Commission, 2012 was a case presented before the United States Supreme Court where the court ruled that the federal discrimination laws cannot be applicable in religious organizations hiring of religious leaders. In 1999 Cheryl Perich, a “called” teacher at Hosanna-Tabor Evangelical Lutheran Church and School in Redford, Michigan filed a case against the school with the Equal Employment Opportunity Commission after the school issued her a termination of her service at the school after an illness. She had been teaching religious classes and leading students in prayer. Between 2004 and 2005, she was unable to perform her duties well after she was diagnosed with narcolepsy. Early 2005 February, the doctors had advised her to go back to her teaching carrier since she had recuperated and fit to work. The school however refused to welcome her service and had filled her position with another teacher. The following is the case proceedings and ruling.
The court was deciding on the case as presented by the Equal Employment Opportunity Commission whether the employment termination had violated the Americans with disabilities Act. The court was also to decide whether Hosanna-Tabor was right in threatening Perich employment as retaliation after she threatened the school that she will file a petition against them.
The nine Supreme Court justices unanimously agreed that the Establishment clause did not allow the government to appoint religious ministers but the church had their own ways of doing it. It also ruled that the Free Exercise Clause bars the court from interfering with the freedom of religious groups in deciding who, when, and the terms of hiring and firing employees....