Opportunity Commission Et Al
Name
Course
Date of submission
Hosanna-Tabor Evangelical Lutheran Church and School v Equal Employment
Opportunity Commission Et Al
The case was between Hosanna-Tabor Lutheran Church and School against Equal Employment opportunity commission. The church ran school that offered Christ centered education. One of their employees was Cheryl Perich who taught both secular and religious subjects. She began working for the school in 1999 and was committed to giving quality services in her education and leading prayers. In 2004, she suffered a certain condition known as Narcolepsy and she had to quit teaching on a disability leave. In 2005, she notified the principal that she could resume her duties on February that year after the doctors had cleared her of her condition. The principal informed her that she had to wait a little longer because she had been replaced. She was angry and threatened to sue the school, which led to her firing.
Perich with the help of the Equal Employment Opportunity Commission went to court to challenge the decision of the church. They based their case on the Americans with disability act, which protects Americans with disability from unfairness at work. They argued that the church had fired Perich for threatening to file a legal lawsuit. In defense of the church, their attorneys argued that the lawsuit was unlawful because it was against the first amendment. This amendment banned the government from getting involved in matters of religious organizations and employment terms with one of its ministers. Apparently, Perich was a minister because of her involvement in the religious matters of the church. There were two types of employees at the school the ‘called’ and ‘lay’ teachers. Called teachers like Perich, were misters of the church, and therefore participated in other religious duties apart from teaching.