Americans with Disabilities Lawsuit

Hosanna-Tabor evangelical Lutheran Church and School in Redford, Michigan fired Cheryl Perich after she was diagnosed with narcolepsy and threatened to sue the school to get her job back. As a result, the Equal Employment Opportunity Commission sued the church on Perich’s behalf under the Americans with Disabilities Act. Controversy over the case centers on whether Perich falls under the ministerial exception of the Americans with Disabilities Act. In addition, the Supreme Court Justices are debating the limits of state intervention in church affairs and enforcement of anti-discrimination laws. The Supreme Court will decide the case in the spring.

The article reveals that the federal courts serve as an important mediator of conflicts such as those between church and state. The Supreme Court justices are faced with the task of clarifying vague or technical exceptions in acts of Congress and interpreting them to fit different cases. In Cheryl Perich’s case, the Supreme Court justices have to decide whether Perich falls under the ministerial exception in the Americans with Disabilities Act even though she taught secular subjects. In this, I was surprised that issues that seem to have such simple resolutions could be dismissed or appealed on slight technicalities. In addition, the article illustrates the separate spheres of influence of church and state. Government, acting out of separation of church and state makes exceptions for religion and often stays out of religious matters in policymaking. However, the Supreme Court’s job is to define the powers of church and state, and tell when church matters are exceptions to government’s laws, and when they must obey them.

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