Discrimination Cases

WEISHUHN v CATHOLIC DIOCESE OF LANSING Docket No. 287174. Submitted December 9, 2009, at Detroit. Decided January 26, 2010, at 9:00 a.m. Madeline Weishuhn brought an action in the Genesee Circuit Court, Archie L. Hayman, J., against the Catholic Diocese of Lansing and St. Mary’s Catholic Church, alleging violations of the Civil Rights Act (CRA), MCL 37.2101 et seq., and the Whistleblowers’ Protection Act (WPA), MCL 15.361 et seq., following the defendants’ decision not to renew plaintiffs contract to teach mathematics and religion classes at St. Mary’s Elementary School in Mount Morris. The trial court granted defendants’ motions for summary disposition of the WPA claim and the CRA claim. Defendants appealed by leave granted with regard to the CRA claim. The Court of Appeals, Zahra, PJ., and Whitbeck and Beckering, JJ., held that the ministerial exception to the application of employment-discrimination and civil rights statutes to religious institutions and their ministerial employees exists in Michigan. The Court of Appeals vacated the order denying summary disposition of the CRA claim and remanded the case to the trial court for an analysis, pursuant to a nonexhaustive list of factors, whether plaintiff was a ministerial employee and conclusions in that regard. 279 Mich App 150 (2008). On remand, the trial court determined that the ministerial exception applied to plaintiff and dismissed the CRA claim. Plaintiff appealed the dismissal of both her WPA claim and her CRA claim. The Court of Appeals held,-. 1. The trial court did not err by determining that plaintiffs duties were primarily religious in nature. Teaching “secular” classes is not necessarily purely secular in the context of religious schools, particularly in this case where plaintiff stated that she incorporated her religious teachings into her mathematics lessons. 2. All aspects of plaintiffs work had religious significance, including her teaching of religion classes and involvement in planning masses and preparing students for confirmation and reconciliation services. 3. Plaintiffs role in educating and indoctrinating the children as a teacher of religion was important to and furthered the purposes of the church. 4. Although plaintiff did not assume a liturgical role within the entire congregation, she was intimately involved in liturgical planning of worship services, as well as providing confirmation and reconciliation services for students. The trial court did not err by determining that plaintiff was a ministerial employee and that defendants were entitled to summary disposition of the CRA claim under MCR 2.116(C)(4). 5. The WPA claim is also subject to the ministerial exception. The ministerial exception operates to bar any claim the resolution of which would limit a religious institution’s right to select who will perform particular spiritual functions. The exception may be applied to WPA claims that involve a religious institution and a ministerial employee. 6. The ministerial exception does not apply to all employment decisions by religious institutions. It applies only to claims involving a religious institution’s choice as to who will perform spiritual functions. 7. Termination of the employment of a ministerial employee by a religious institution is an absolutely protected action under the First Amendment, regardless of the reason for doing so. The trial court did not err by dismissing both the CRA claim and the WTPA claim. Affirmed. 1. Constitutional Law — Civil Rights — Ministerial Exception — Whistle-blowers’ Protection Act. The “ministerial” exception is a nonstatutory, constitutionally compelled exception to the application of employment-discrimination and civil rights statutes to religious institutions and their ministerial employees; the exception generally bars inquiry into a religious institution’s underlying motivation for employment decisions regarding ministerial employees; the exception applies to claims under the Civil Rights Act and the Whistleblowers’ Protection Act and operates to bar any claim the resolution of which would limit a religious institution’s right to select who will perform particular spiritual functions; the appropriate analysis is the religiously affiliated nature of the institution and the employee’s role there, not the particular issues that spring from a termination of employment and the resulting claims (MCL 15.361 et seq., 37.2101 et seq.). 2. Constitutional Law — Civil Rights — Employment Discrimination — Ministerial Exception — Spiritual Functions. The ministerial exception to the application of employment-discrimination and civil rights statutes to religious institutions and their ministerial employees does not apply to all employment decisions by religious institutions, nor does it apply to all claims by ministers; it applies only to claims that involve a religious institution’s choice as to who will perform spiritual functions; termination of the employment of a ministerial employee by a religious institution is an action absolutely protected under the First Amendment, regardless of the reason for doing so. Law Office of Julie A. Gafkay, PLC (by Julie A. Gafkay), and Joliat, Tosto, McCormick & Bade, PLC (by Michael T. Joliat), for plaintiff. Foster, Swift, Collins & Smith, P.C. (by Thomas R. Meagher and Liza C. Moore), for defendants. Before: METER, P.J., and BORRELLO and SHAPIRO, JJ. SHAPIRO, J. Plaintiff, a teacher at St. Mary’s Elementary School in Mount Morris, filed this action against defendants, alleging violation of the Michigan Civil Rights Act (CRA), MCL 37.2101 et seq., and violation of the Whistleblowers’ Protection Act (WPA), MCL 15.361 et seq., after her contract was not renewed for the 2005-2006 school year. In June 2006, the trial court granted defendants’ motion for summary disposition of the WPA claim pursuant to MCR 2.116(C)(10). Defendants later moved for summary disposition of the CRA claim under MCR 2.116(C)(4), arguing that the trial court lacked subject-matter jurisdiction over that claim pursuant to the “ministerial exception.” The trial court denied that motion. In a prior interlocutory appeal, this Court held that “the ministerial exception exists in Michigan,” vacated the order denying the motion, and remanded the case to the trial court “for an analysis of, and conclusions regarding, whether [plaintiff] was a ‘ministerial’ employee.” Weishuhn v Catholic Diocese of Lansing, 279 Mich App 150, 152; 756 NW2d 483 (2008). On remand, the trial court concluded that the ministerial exception applied to plaintiff and, accordingly, dismissed her CRA claim pursuant to MCR 2.116(C)(4). Plaintiff appeals as of right, challenging the dismissal of both her WPA claim and her CRA claim. We affirm. I. BASIC FACTS AND PROCEEDINGS In Weishuhn, 279 Mich App at 153-155, this Court summarized the relevant underlying facts as follows: A. WEISHUHN’S BACKGROUND In 1992, Weishuhn obtained her Bachelor of Science degree in elementary education from the University of Michigan. For more than 10 years, until 1999, Weishuhn worked for St. Charles and Helena Catholic Church in Clio, Michigan. She was that church’s director of religious education for its “parish religious ed[ucation] program” for approximately eight years. In 2001, she obtained her master’s degree in teaching from Marygrove College. B. WEISHUHN’S EMPLOYMENT AND DUTIES AT ST. MARY’S In August 1999, Weishuhn began teaching at St. Mary’s Elementary School in Mount Morris, Michigan. Weishuhn taught mathematics for the fifth through the eighth grades and carried out religious responsibilities that included teaching religion for the sixth through the eighth grades. Initially, Weishuhn taught two mathematics classes and four religion classes each day, but she later taught four mathematics classes and three religion classes each day. And in her final year at St. Mary’s (2004-2005), she taught four mathematics classes and two religion classes each day. At her deposition, Weishuhn explained that her religious-education duties entailed teaching sixth-, seventh-, and eighth-grade religion classes. She was also responsible for planning Masses for those grades, as well as assisting a fourth-grade teacher with student liturgies. Weishuhn and the St. Mary’s pastor discussed the subject matter of the Masses. Weishuhn also prepared her seventh- and eighth-grade students for the sacrament of confirmation, and she developed reconciliation (penance) services twice a year. At her deposition, Weishuhn agreed that her responsibilities were ministerial in the sense that she provided religious direction for her students. She also testified that religion was an integral part of the school’s curriculum and her lesson plan. C. THE PROCEEDINGS BELOW After a series of employment-related incidents, none of which involved the subject of religion, St. Mary’s terminated Weishuhn’s employment in the spring of 2005. Weishuhn later filed a two-count complaint against defendants, alleging violations of the Whistleblowers’ Protection Act [MCL 15.361 et seg.] and the Civil Rights Act [MCL 37.2101 et seg.] for retaliatory termination. Defendants then moved for summary disposition pursuant to MCR 2.116(C)(10), asserting that both of Weishuhn’s claims failed as a matter of law. The trial court granted the motion with respect to the Whistle-blowers’ Protection Act claim, but it denied the motion with respect to the retaliation claim under the Civil Rights Act. In June 2006, defendants moved for summary disposition pursuant to MCR 2.116(C)(4), arguing that the trial court lacked subject-matter jurisdiction over Weishuhn’s employment-discrimination claim because of the ministerial exception. Defendants asserted that “[b]ecause [Weishuhn’s] duties while employed by St. Mary’s School included a ‘spiritual function,’ the First Amendment of the United States Constitution precludes application of the Elliott Larsen Civil Rights Act... to [her] employment relationship with St. Mary’s School.” The trial court denied defendants’ motion, ruling that there was a question of fact for the jury in terms of whether Weishuhn’s primary function was spiritual in nature. In reaching its conclusion, the trial court noted that the caselaw cited by the parties used the word “primary.” The trial court also acknowledged that there appeared to be some overlap between Weishuhn’s duties in terms of secular and spiritual teaching, and opined that “this is a case that maybe could create some new law in this area, at least maybe get some clarification as to whether or not there needs to be an analysis by the court with respect to this primary or secondary purpose.” The trial court gave effect to its ruling in a subsequent written order. The trial court also denied defendants’ motion for reconsideration of this matter. This Court then concluded that the ministerial exception exists in Michigan, vacated the order denying the motion, and remanded the case for further proceedings to determine whether plaintiff was a ministerial employee, explaining: The salient question then is whether Weishuhn was a ministerial employee. On the basis of our review de novo, we are unable to determine whether the trial court reached a conclusion on whether Weishuhn was a ministerial employee. The trial court did engage in some discussion about whether Weishuhn’s teaching functions were primarily religious in nature. But ultimately the trial court concluded that this was a fact question for the jury and therefore denied defendants’ motion for summary disposition. As we have stated above, this conclusion was erroneous. We recognize, however, that the trial court was acting at a considerable disadvantage because there was no explicit holding that the ministerial exception existed in Michigan and no guidance from Michigan appellate courts regarding how to apply that exception. We therefore remand to the trial court for an analysis of, and conclusions with regard to, whether, in light of this opinion, Weishuhn- was a ministerial employee. In this regard, the trial court shall consider the affidavits, depositions, admissions, or other documentary evidence that the parties have submitted. In undertaking that analysis and reaching these conclusions, the trial court should focus on the totality of Weishuhn’s duties and responsibilities, her position, and her functions. More specifically, the trial court should consider the following non-exhaustive list of factors: (1) Whether Weishuhn had primarily religious duties and responsibilities in the sense that her primary duties consisted of teaching, spreading the faith, church governance, supervision of a religious order, or supervision or participation in religious ritual and worship; (2) Whether Weishuhn’s duties had religious significance; (3) Whether Weishuhn’s position was inherently, primarily, or exclusively religious, whether that position entailed proselytizing on behalf of defendants, whether that position had a connection to defendants’ doctrinal mission, and whether that position was important to defendants’ spiritual and pastoral mission; and (4) Whether Weishuhn’s functions were essentially liturgical, that is, related to worship, and whether those functions were inextricably intertwined with defendants’ religious doctrine in the sense that Weishuhn was intimately involved in the propagation of defendants’ doctrine and the observance and conduct of defendants’ liturgy by defendants’ congregation. If, after consideration of these factors, the trial court determines that Weishuhn’s position and function were such that she was a ministerial employee, then the trial court shall enter an order dismissing Weishuhn’s discrimination claim. But if after this inquiry the trial court concludes that Weishuhn was not a ministerial employee, it should schedule further proceedings as necessary for trial. [Weishuhn, 279 Mich App at 177-179 (emphasis in original).] II. STANDARD OF REVIEW We review de novo trial court decisions on motions for summary disposition. Id. at 155. We also review de novo the trial court’s decision on the ministerial exception because this issue is a question of law. Id. at 175-176; In re Capuzzi Estate, 470 Mich 399, 402; 684 NW2d 677 (2004). Constitutional issues are also reviewed de novo on appeal. Weishuhn, 279 Mich App at 155. III. CIVIL RIGHTS ACT CLAIM With regard to the first factor the trial court was directed to consider, we find no error in the trial court’s determination that plaintiffs duties were primarily religious in nature. Plaintiff argues that the trial court ignored evidence that the majority of her classes were mathematics classes. We disagree. Although plaintiff was hired in part to teach mathematics, she also taught religion and she was actively involved in religious planning and activities. She was involved in planning student masses and helped prepare the students for confirmation and reconciliation services. Plaintiffs assertion that “the majority” of her classes were mathematics classes appears to be based solely on the number of classes taught. The argument is erroneous because it fails to consider the amount of classroom time spent on each subject as well as the additional time spent planning masses and preparing students for confirmation and reconciliation services. However, even if we agreed that the total number of classes alone should govern in this case, plaintiff has not shown that the trial court’s determination that her duties were primarily religious in nature was erroneous. Plaintiffs argument is based on the premise that teaching mathematics is secular. However, teaching “secular” classes is not necessarily “purely secular” in the context of religious schools. Coulee Catholic Sch v Labor & Indus Review Comm, 2009 WI 88, ¶¶ 52-55; 320 Wis 2d 275, 307-309; 768 NW2d 868 (2009). This is particularly true in this case where plaintiff stated that she incorporated her religious teachings into her mathematics lessons. In an interview that plaintiff gave to The Catholic Times, she explained that her students “hear me talk about God and religion in math class as much as I do in religion class. I’m not the kind of person who separates religion — it’s part of who I am and what I teach .... My ultimate goal is to help each student develop into a young Christian person who has a conscience.” [Lisa Briggs, Teacher’s plan is simple: Lessons for a lifetime, The Catholic Times, April 30-May 6, 2005, p 8.] Therefore, we find no error in the trial court’s conclusion that plaintiffs duties were primarily religious, notwithstanding the fact that she taught four mathematics and two religion classes in her last year of teaching. With regard to the second factor, plaintiffs teaching of religion classes and her involvement in planning masses and preparing students for confirmation and reconciliation services clearly have religious significance. Further, plaintiffs admission that she incorporated her religious teachings into her mathematics classes indicates all aspects of her work had religious significance. Thus, we agree with the trial court that this factor also weighs in favor of finding that plaintiff was a ministerial employee. In its analysis of the third factor, the trial court found that plaintiffs position was primarily religious because, as a teacher of religion, she was involved in proselytizing on behalf of the church. We agree. As the trial court noted, educating and indoctrinating the children was important to and furthered the purposes of the church. Thus, plaintiffs involvement in planning masses and preparing students for confirmation and reconciliation services were connected to defendants’ doctrinal mission, and these activities were important to defendants’ spiritual and pastoral mission. Moreover, plaintiff admitted in her interview with The Catholic Times that even in her math classes, she did not separate religion and that it was part of her mission to promote and reinforce Christian ideals. The fourth factor presents a closer question, given that plaintiff did not assume a liturgical role within the entire congregation. Still, she was intimately involved in liturgical planning of worship services, as well as confirmation and reconciliation services, for students. Further, her role as a religion teacher involved propagation of defendants’ doctrine to students, which included guidance in worship services and rituals. We conclude that, in light of this record, the trial court did not err by determining that consideration of the foregoing factors established that plaintiff was a ministerial employee. Plaintiff argues that the facts in this case more closely resemble those in cases cited in Weishuhn that found the ministerial exception did not apply to teachers. This argument misconstrues the Court’s discussion of those opinions in Weishuhn. This Court cited cases such as Redhead v Conference of Seventh-Day Adventists, 440 F Supp 2d 211, 220-222 (ED NY, 2006), and Guinan v Roman Catholic Archdiocese of Indianapolis, 42 F Supp 2d 849, 853 (SD Ind, 1998), and noted that these courts “have ruled that the ministerial exception did not apply to teachers.” Weishuhn, 279 Mich App at 164-165. However, this Court also reviewed cases in which the contrary view was followed. Id. at 163-164. The Court ruled that the ministerial exception could apply to the plaintiff depending upon the documentary evidence, id. at 178-179, and rejected the position that the ministerial exception is inapplicable to teachers. Instead, the Court opted for a broader totality of the circumstances test. Id. To the extent that plaintiff is requesting we reconsider that determination, we must decline. Under the law of the case, we are bound by Weishuhn. Sinicropi v Mazurek, 279 Mich App 455, 465; 760 NW2d 520 (2008). For these reasons, the trial court did not err by finding that plaintiff was a ministerial employee and that defendants were therefore entitled to summary disposi

The Chief Judge of the U.S. Court of Appeals for the Ninth Circuit, who was acting in an administrative capacity under the Court's employment dispute resolution plan when he issued an order to the Office of Personnel Management, lacked the authority to direct OPM in its administration of the Federal Employees Health Benefits Program. Accordingly, OPM is not legally required to comply with the directives in the order.