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Discrimination, or Not - Assignment Example

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Cheryl Perich, an elementary school teacher at Hosanna-Tabor Evangelical Lutheran Church and School, was terminated due to her physical disability as she was suffering from narcolepsy. After completing the medical leave due to being diagnosed with narcolepsy from the school in…
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Discrimination, or Not
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Discrimination, or Not? Fall Re: EEOC v. Hosanna-Tabor Evangelical Lutheran Church and School, Michigan, EEOC and PerichCheryl Perich, an elementary school teacher at Hosanna-Tabor Evangelical Lutheran Church and School, was terminated due to her physical disability as she was suffering from narcolepsy. After completing the medical leave due to being diagnosed with narcolepsy from the school in the year 2004 to 2005, Perich notified the school authority to rejoin in her respective role from the month of February 2005. However, the principal of Hosanna-Tabor reported that the school hired another individual in Perich’s position as Lay teacher and asked her to resign from the respective job role. Soon after, she filed charge against Hosanna-Tabor with the Equal Employment Opportunity Commission (EEOC) appealing against the discrimination of employment along with violation of the Americans with Disabilities Act (ADA) (Supreme Court of the United States, 2011). In this regard, it is justifiable for Perich to file legal case as she was being called and selected as a ‘commissioned minister’ in Hosanna-Tabor. Moreover, rescinding Perich’s call and sending termination letter on the ground of “threating to take legal action” due to the discrimination can also be considered as a major factor, which can lead Perich to take adequate lawful steps against Hosanna-Tabor (Cornell University Law School, 2012).
Hosanna-Tabor
With reference to the scenario of the case, the suit made by Perich was barred with respect to the legal policies of the First Amendment as it defines that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances” (Cornell University Law School, n.d.). In this context, the district court has barred the allegation of Perich against Hosanna-Tabor. Moreover, the Establishments and Free Exercise Clauses underneath the First Amendments also confer the ability of the church to choose its own ministers from the perspective of disputes associated with the church’s possessions. Correspondingly, Hosanna-Tabor can also bring in relevant legal claims against EEOC in the ground of the provisions considered by the constitutional law (Pew Research Center, 2014).
My Opinion
With reference to the case scenario, it has been recognized that the rescinding of call along with terminating Perich on the ground of ‘threatening to take legal action’ duly ascertain an unjustifiable decision of Hosanna-Tabor. The decision of the school in this context can be considered to involve employment discrimination on the ground of physical disability. Therefore, in this context, my opinion would be in favor of EEOC as Perich possesses adequate right to legally sue against the discrimination practices by Hosanna-Tabor. Although the First Amendment can endow Hosanna-Tabor to guard against the allegation of employment discrimination, the claim of EEOC regarding the case of Perich can also have a strong ground based on ADA that clearly depicts the prohibition of any employer from terminating a disabled employee because of discrimination. In relation to the case of Perich, the ADA does not permit churches along with similar religious groups to practice any other type of employment discrimination including race or physical disability (Pew Research Center, 2014).
References
Cornell University Law School. (2012). Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC. Retrieved from http://www.law.cornell.edu/supremecourt/text/10-553
Cornell University Law School. (n.d.). First amendment. Retrieved from http://www.law.cornell.edu/constitution/first_amendment
Pew Research Center. (2014). In brief: Hosanna-Tabor v. EEOC the court’s unanimous decision. Retrieved from http://www.pewforum.org/2012/01/11/the-supreme-court-takes-up-church-employment-disputes-and-the-ministerial-exception/
Supreme Court of the United States. (2011). Hosanna-Tabor Evangelical Lutheran Church and School V. Equal Employment Opportunity Commission et al. Retrieved from http://www.supremecourt.gov/opinions/11pdf/10-553.pdf Read More
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