Friday, June 10, 2005

Ministerial Exception Precludes Reverse Discrimination Suit Against Catholic Schools

Yesterday in Pardue v. Center City Consortium Schools of the Archdiocese of Washington, the District of Columbia Court of Appeals upheld the dismissal of a racial discrimination claim on First Amendment grounds. Plaintiff sued under the District of Columbia Human Rights Act alleging that the Center City Consortium of 8 inner-city Catholic elementary schools was intentionally replacing Caucasian principals with less-qualified African-American principals. Applying the "ministerial exception", the court held that the First Amendment bars the court from inquiring into the basis for a Church's action involving employees whose primary duties consist of teaching, spreading the faith, church governance, supervision of a religious order, or supervision or participation in religious ritual and worship.