Affidavit Does Not Establish Applicability of Ministerial Exception Doctrine

Hough v. Roman Catholic Diocese of Erie, (WD PA, March 4, 2014), is an Age Discrimination In Employment suit brought by three former Catholic parochial school teachers who were not hired into a consolidated Catholic school system created when their school closed. The Diocese moved for summary judgment claiming that the "ministerial exception" doctrine precludes plaintiffs' lawsuit.  The only evidence that plaintiffs qualify as "ministers" for purposes of the exception were affidavits from the diocese's Vicar for Education stating that all parochial school teachers are considered to be ministers of the faith-- instruction in religious truth and values is infused in all parts of the curriculum. The Pennsylvania federal district court denied defendants' the motion for summary judgment, saying in part:

Although the Supreme Court refused to provide a bright line test for a determination of when someone is accorded ministerial status, Defendants’ argument – that all teachers are considered to be ministers by Defendants – was not enough, in and of itself, for the high court in Hosanna-Tabor.