Tuesday, July 22, 2008

Ministerial Exception Held To Apply To Title IX Cases

A decision handed down several months ago by a Pennsylvania federal district court in a long-running sex discrimination case has just become available on Lexis. In Petruska v. Gannon University, the 3rd Circuit in 2006 held that the "ministerial exception" prevented a female chaplain at Gannon University, a diocesan college, from bringing a Title VII employment discrimination claim that she was demoted solely because she was a woman. (See prior posting.) The Supreme Court denied cert. Then Ms. Petruska attempted to amend her complaint to allege discrimination in violation of Title IX which applies to colleges receiving federal financial assistance. Now in Petruska v. Gannon University, 2008 U.S. Dist. LEXIS 54884 (WD PA, March 31, 2008), the court held that the ministerial exception applies equally to claims under Title IX.