Demkovich v. St. Andrew the Apostle Parish, Calumet City

Federal 7th Circuit Court
Civil Court
Employment Discrimination
Citation
Case Number: 
No. 19-2142
Decision Date: 
August 31, 2020
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed and reversed in part and remanded

Dist. Ct. erred in granting defendant-Catholic Church’s motion to dismiss plaintiff-ministerial employee’s Title VII action, alleging that plaintiff’s supervisor subjected him to harassment based on his sexual orientation and disability. While plaintiff was eventually terminated by defendant, plaintiff limited his lawsuit to allegations that Reverend from Church repeatedly and often subjected him to comments and epithets showing hostility after learning that plaintiff intended to marry his male partner and humiliating plaintiff based on his weight and other medical issues. After dismissing plaintiff’s Title VII claim, but allowing his ADA claim to continue, Dist. Ct. certified question as to whether ministerial exemption to discrimination laws for religious employers barred all hostile work environment claims by plaintiff who qualified as “minister,” even if said claims did not challenge tangible employment action. Ct. of Appeals found that while said exemption applied to all tangible employments actions made by religious employers, it did not preclude all hostile environment discrimination claims, even where, as here, there is no challenge to tangible employment action such as plaintiff’s termination. Ct. further noted that hostile environment claims are akin to tort actions, such that religious employers do not need exemption to be able to select and control its ministerial employees, since exemption would apply to decisions on hiring or firing its ministerial employees. Thus, subjecting plaintiff to instant alleged abuse is not either statutorily permissible or constitutionally protected means to control ministerial employee. (Dissent filed.)