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Constitutional Law Keyed to Choper
Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Comm’n
Citation:
565 U.S. 171 (2012)Facts
Hosanna-Tabor Evangelical Lutheran Church and School employed Cheryl Perich as a “called” teacher, a position that required theological training and formal commissioning as a “Minister of Religion.” Perich taught both secular and religious subjects, led students in prayer, and occasionally conducted chapel services. In 2004, she developed narcolepsy and took disability leave. When she sought to return in 2005, the school had already hired a replacement and expressed concern about her health. After the congregation voted to offer Perich a “peaceful release” from her call, she refused and appeared at the school demanding to work. When informed she would likely be fired, Perich threatened legal action. The school board subsequently terminated her employment, citing her “insubordination” and violation of Lutheran doctrine requiring Christians to resolve disputes internally rather than through civil litigation.
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