6th Circuit: Teacher at Lutheran school in Michigan does not fall under ministerial exception

How Appealing: “In an opinion issued today, a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit examines whether the so-called “ministerial exception” to federal anti-discrimination laws precludes a former teacher from bringing a claim under the Americans with Disabilities Act against the Hosanna-Tabor Evangelical Lutheran Church and School.”

An excerpt from the ruling in EEOC v. Perich, Nos. 09-1134/1135 (6th Cir. March 9, 2010):

The district court’s factual determinations concerning Perich’s primary duties throughout her work day were not clearly erroneous. The record supports the finding that Perich’s employment duties were identical when she was a contract teacher and a called teacher and that she taught math, language arts, social studies, science, gym, art, and music using secular textbooks. Furthermore, the record indicates that Perich taught a religion class four days per week for thirty minutes and that she attended a chapel service with her class once a week for thirty minutes. Perich also led each class in prayer three times a day for a total of approximately five or six minutes. The record also
indicates that Perich seldom introduced religion during secular discussions.

Approximately twice a year, Perich led the chapel service in rotation with other teachers. However, teachers leading chapel or teaching religion were not required to be called or even Lutheran, and, in fact, at least one teacher was not. In all, the record supports the
district court’s finding that activities devoted to religion consumed approximately forty five minutes of the seven hour school day.

However, given these factual findings relating to Perich’s primary duties, the district court erred in its legal conclusion classifying Perich as a ministerial employee.