It would almost seem counterintuitive to suggest that a parochial school is not a religious organization. The parochial school may be required to teach secular courses to comply with educational or even accreditation standards but unless there is no significant religious component in the curriculum it would seem unreasonable to view it as secular and not parochial. Nevertheless, the issue seems to be on the table more than it should be.
In Miriam Grussgott v Milwaukee Jewish Day School, Inc., Order, (ED Wisc. 2017), the Plaintiff attempted to persuade the federal court that an Americans with Disabilities Act claim applied to a parochial school. The Court rejected the claim and entered summary judgment for the parochial school under the Ministerial Exception of the First Amendment. The Court found that the plaintiff, as a teacher of Hebrew to second and third graders, was a ministerial employee. While the plaintiff argued the Hebrew language was merely cultural and historical, the parochial school claimed it was religious in nature because of inherent symbolism and other attributes. Also, the parochial school was able to prove the plaintiff taught Jewish religious rites to the elementary age school children. The Court refused to put a stopwatch to these duties to determine which predominated in the schedule or the curriculum. While the plaintiff was not ordained or certified by an ecclesiastical body, plaintiff admitted “teaching a great deal about Judaism and specifically that her role was closely linked to Defendant’s Jewish mission.” That admission would seem to end the dispute as to whether her role was subject to the Ministerial Exception.
One interesting aside in the opinion was that the plaintiff asserted the school’s employment manual contained an anti-discrimination clause that expressly forbade religious discrimination. In other words, the plaintiff claimed the Ministerial Exception had been overridden by the contractual nature of the manual. The Court held: “This single provision of the Manual cannot stem the tide of other evidence cited above demonstrating Defendant’s religiosity. Defendant unquestionably qualifies as a Jewish religious organization.”
Lessons for parochial schools may include assuring that their own employment manual does not create an exception to the Ministerial Exception in their region by its wording. It might also mean that it is good practice to carefully describe in the manual the overriding religious duties of the role of teacher, regardless of educational discipline or expertise, in the religious school so that there is no reasonable dispute about the nature of the position. Assumptions do not play well as evidence.