We reported just one week ago on Grussgott v. Milwaukee Jewish Day Sch. Inc. applying the SCOTUS ruling in Hosanna-Tabor Evangelical Lutheran Church & Sch. v. E.E.O.C, in concluding that a Hebrew School teacher was included in the “ministerial exception.” Now another major decision comes down, this time from the Second Circuit Court of Appeals, finding that a Roman Catholic elementary school principal is with in the ministerial exception. In Fratello v. Archdiocese of N.Y. (July 14, 2017), the Court determined that “although Fratello’s formal title was not inherently religious, the record makes clear that she held herself out as a spiritual leader of the School and performed many important religious functions to advance its Roman Catholic mission. The ministerial exception thus bars her employment-discrimination claims because she was a minister within the meaning of the exception.”
More to come, for sure!