Discrimination by Religious Employers

Famighetti & Weinick — Mon, 17 Jul 2017 16:29:06 GMT

Employers are prohibited from discriminating against its employees based, among other things, on race, gender, religion, national origin, disability, age, sexual orientation, or familial status. Employers are also prohibited from retaliating against its employees. This means that an employer cannot punish an employee for engaging in legally protected activity. For example, if an employee complains either to a supervisor or to an outside agency (such as the Equal Employment Opportunity Commission) about workplace discrimination and the employee subsequently suffers a negative employment action as a result of making the complaint, the employer has unlawfully retaliated against its employee.

However, the law is filled with exceptions. One of the exceptions to employment discrimination and retaliation is called the “ministerial exception.” This exception was recognized by the United States Supreme Court in 2012 in the Hosanna-Tabor case where the Court found that a fourth grade teacher, who taught mainly non-religious subjects at a religious school, could not sue her employer for retaliation.

The Ministerial Exception in Employment Discrimination Cases

The main reason for the ministerial exception is not to make it more difficult for employees, but rather to not infringe on an employer’s First Amendment rights. In Hosanna-Tabor, the Court explained that requiring a church or a religious group to accept or retain an unwanted minister, would violate the First Amendment which prohibits the government from intruding in such decisions.

On July 14, 2017, the Second Circuit addressed the scope of the ministerial exception for the first time in Fratello v. Archdiocese of New York.

In the Fratello case, Fratello was a principal at St. Anthony’s School in Nanuet, New York located in Rockland County. In 2011, the school did not renew her contract. Although it was not mentioned in detail in the court’s decision, the school terminated Fratello because of insubordination towards the pastor of St. Anthony’s. However, Fratello alleged that she was terminated based on gender discrimination and in retaliation for reporting the alleged discrimination.

Although the court determined that Fratello qualified as a “minister” under the law, Fratello did not have any formal training in religious studies or theology. In fact, all of her academic credentials were in education. However, her role as a principal at St. Anthony’s involved being the school’s catholic leader. As such, she implemented a new prayer system at the school where every morning a student would pray over the loudspeaker system. She also communicated religious messages over the loudspeaker such as reciting the “Our Father” and the ten “Hail Mary” prayers.

To determine whether Fratello qualified as a “minister” under the law thus falling under the ministerial exception, the Second Circuit used four factors established by the Supreme Court in the Hosanna-Tabor case. These factors included: (1) the employee’s formal title, (2) the substance reflected in that title, (3) the use of that title, and, (4) the religious functions performed. However, the Court made it clear that these factors did not create a bright line test.

When applying the factors above in the Fratello case, the court determined that the first factor was the only one that weighed against applying the ministerial exception because Fratello’s formal title was “lay principal.” However, the court ultimately found that the remaining three factors weighed in favor of applying the exception because Fratello was not only St. Anthony’s spiritual leader, but she “performed many important religious functions to advance its Roman Catholic mission.”

In sum, although the court did not allow Fratello to sue the school for employment discrimination and retaliation, not every religious leader may fall under the ministerial exception.

Long Island Employment Lawyers Can Help Fight Employment Discrimination

If you have questions about the ministerial exception or employment discrimination and retaliation, contact the Long Island employment lawyers at Famighetti & Weinick, PLLC. Our phone number is 631-352-0050 and our website is http://linycemployment.com.

Today’s employment law blog was written law student intern, Thalia Olaya.

Long Island Retaliation Lawyer

Famighetti & Weinick — Mon, 10 Apr 2017 20:39:03 GMT

Retaliation takes many forms in Long Island’s workplaces. Employees can face demotions, terminations, reductions in pay, or employers will refuse to promote employees as retaliation for employees complaining about discrimination or for engaging in other protected activity. Famighetti & Weinick PLLC are employment lawyers on Long Island, New York who can assess cases of workplace retaliation.

Retaliation in Suffolk and Nassau Counties Long Island

Retaliation can and does take place in Long Island’s workplaces. Only certain activities, however, can trigger protections against workplace retaliation on Long Island. The federal anti-discrimination statutes provide protections. For example, Title VII of the Civil Rights Act protects employees who complain about or oppose discrimination. It further protects employees who participate in EEOC discrimination investigations or testify in discrimination lawsuits. The Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Family Medical Leave Act (FMLA) and the Fair Labor Standards Act (FLSA), all have similar protections for employees who exercise rights under the statutes.

Like its federal counterpart, the New York State Human Rights Law also prohibits retaliation in Long Island workplaces for employees who exercise rights under the Human Rights Law.

The anti-retaliation provisions of the discrimination laws prohibit employees from taking adverse employment actions against employees in New York. Adverse employment actions are any actions which may dissuade a reasonable employee from exercising their rights under the laws. Actions may include demotions, reductions in pay, termination, or any other action which may disadvantage an employee at work or hinder the employee’s opportunity to advance at work.

Whistleblower Protection on Long Island

New York’s Labor Law Section 740 is known as New York’s Whistleblower law. It prohibits employers from retaliating against New York employees who disclose or threaten to disclose a workplace activity or policy which violates a law or regulation and which creates a substantial and specific danger to the public health or safety or which is health care fraud. The Whisteblower law also protects employees who refuse to participate in any such conduct. The New York Whistleblower law protects only very specific conduct, so employees who believe they may have a whistleblower lawsuit should contact an employment lawyer to discuss the matter.

First Amendment Retaliation on Long Island

The First Amendment prohibits the government and government officials from retaliating against citizens on Long Island who exercise rights granted under the First Amendment. It applies to public employees, such as employees who work for Nassau County, Suffolk County, the Town of Hempstead, the Town of North Hempstead, the Town of Oyster Bay, the Town of Smithtown, the Town of Huntington, the Town of Brookhaven, the Town of Islip, the Town of Babylon, the Town of Southampton, or the Town of Riverhead. It also applies to employees of cities and villages such as Long Beach, Hempstead, Glen Cove, and Freeport. School teachers, principals, and other school district employees are also protected by the First Amendment. First Amendment rights include free speech, religious freedoms, political association freedoms, and the freedom to associate with family and to protest the government.

The First Amendment not only protects public employees, but it protects all of Long Island’s citizens. The government cannot retaliate against citizens who express their political views, grieve the government, or exercise religious freedoms.

Long Island Retaliation Lawyers Famighetti & Weinick

Famighetti & Weinick PLLC are employment lawyers on Long Island who represent New York employees in retaliation lawsuits. Famighetti & Weinick PLLC also represent citizens of Nassau and Suffolk counties in First Amendment retaliation lawsuits. The retaliation laws can be complicated. For more information about retaliation laws and retaliation lawsuits, call a Long Island employment lawyer at Famighetti & Weinick PLLC at 631-352-0050. We also have more information about retaliation lawsuits our website at https://www.linycemploymentlaw.com.

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