|
|
| Bias Not a Crisis in the Diocese |
In March 2000, Gloria Alicea-Hernandez was hired as Hispanic Communications Manager for the Archdiocese of Chicago. Her position was responsible for relations between the Church and the local Hispanic community. Among other things, she wrote correspondence for the Cardinal, media releases, and articles for Church publications.
Unfortunately, Alicea-Hernandez's job lasted only nine months. In December 2000, after filing several complaints with the Equal Employment Opportunity Commission, she quit. She claims she was treated poorly, excluded from management meetings, and eventually replaced by a less experienced male who was paid more money. Ultimately, she sued the Church for sex and national origin discrimination under the federal equal employment opportunity (EEO) laws.
The Church, however, argued that it was exempt from these EEO laws because of the US Constitution's First Amendment separation of church and state. Alicea-Hernandez responded that the workplace discrimination she was complaining about didn't involve the Church's religious rights, so the First Amendment shouldn't apply.
The Court initially noted that it could apply the EEO laws to religious workplaces, but that it had to do so "without violating the First Amendment." In other words, a religious organization might be liable for violating EEO laws like any other employer, but there were special exceptions for certain employees.
For example, applying EEO laws "to the employment relationship existing between a church and its minister would result in an encroachment [prohibited] by the principles of the free exercise clause of the First Amendment. This rule, often referred to as 'the ministerial exception,' [gives religious organizations] the right to choose ministers without government restriction." Thus, the EEO laws do not apply to "those whom [a church] selects to preach its values, teach its message, and interpret its doctrines."
"In determining whether an employee is considered a minister for the purposes of applying this exception, we do not look to ordination but instead to the function of the position. ...[A]s Hispanic Communications Manager, Alicea-Hernandez served in part as a press secretary. The role of the press secretary is critical in message dissemination.... Determination of whose voice speaks for the church is per se a religious matter."
"As Hispanic Communications Manager, Alicea-Hernandez was integral in shaping the message that the Church presented to the Hispanic community," the Court declared. "We therefore conclude that Alicea-Hernandez served a ministerial function for the Church and her [discrimination] claims are therefore barred by the First Amendment." [ Alicea-Hernandez v. The Catholic Bishop of Chicago (7th Cir. 2003) no. 02-2280]
For more information on this topic that's tailored to your company profile, request Memos: |
1330 Fed Equal Employment Opportunity: Overview
5840 Religion Discrimination
5820 National Origin Discrimination
|
 |