Guidance Counselor at Religious School Cannot Sue Under Title VII

The U.S. District Court for the Southern District of Indiana has granted summary judgment to a Catholic school that dismissed a guidance counselor because of her same-sex marriage. The counselor sued, alleging discrimination under Title VII. The school argued that the counselor was an ecclesiastical minister, and thus the school‘s actions fit within the ministerial exception to Title VII.

In agreeing with the school, the court pointed to several factors. The employment contract included a “ministry description” specifying the religious nature of the counselor’s duties. The counselor participated in religious instruction, including the traditional liturgy. She met with students regularly, discussing personal issues and “faith formation.“ In addition, the counselor served on the schools administrative council, whose duties included guiding the school in its religious mission.

The opinion lays out several important factors for private religious schools that wish to carry out their mission within the Title VII exemptions. Schools need to make clear in their documentation and their practice how particular jobs fit within and enhance a religious mission. Groups that wish to swim against the tide of popular culture must do so clearly and consistently.