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166:. She was discharged from her employment at the age of 50, after 29 years of employment. She had a steady record of favorable performance reviews. Had her employment continued, she would have been the highest-paid lay instructor on the school's staff. Instead, she was replaced by a younger, lower-paid instructor.
208:, alleging violations of the ADEA. The District Court held that: (1) The ADEA does not apply to religious schools and, (2) The appellee's state claims for intentional infliction of emotional distress and wrongful discharge were without merit. The District Court granted summary judgment in favor of the school.
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Although the central holding of this case is still valid, other courts have either declined to follow or declined to extend the ruling to employees of church-based organizations whose positions are "ministerial" or "ecclesiastical" in function. The determination of whether or not a position is
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Maybe. ADEA can only apply to an employment action that was taken based on a claim of religious doctrine or tenet if the plaintiff does not challenge the validity of the doctrine or tenet and only asks whether the doctrine or tenet actually motivated the challenged employment action.
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The claim that the cancellation of the appellee's insurance was based on the ongoing legal dispute was allowed to proceed because continued prosecution of that claim would not lead to any inquiry regarding church doctrine.
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ministerial in nature seems to be almost mathematical in its application, looking almost exclusively at the amount of time that an employee spends on religion-oriented tasks as compared to non-religion tasks.
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The school claimed that she was discharged because she married a man who had been divorced in the past, a violation of church doctrine on the subject. Geary claimed that her discharge was because of her age.
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Marie Geary v. Visitation of
Blessed Virgin Mary School; Francis J. Clemins, Reverend Monsignor, Individually and as Pastor of Visitation of Blessed Virgin Mary Church; Archdiocese of Philadelphia
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The court did, however, find that an issue of material fact existed as to whether or not the cancellation of insurance was retaliatory in nature. The
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No issue of material fact was raised to suggest any motivation other than the claimed doctrinal reason for the discharge. The
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of the district court was vacated and the case remanded for further fact-finding on this specific issue.
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The court recognized the possibility of church-state "entanglement", but relied on the holding in
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The EEOC ultimately ruled that the discharge itself did not constitute a violation of the
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Does the ADEA protect a lay instructor employed in a church-operated elementary school?
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The decision of the
District Court was appealed, resulting in this decision.
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United States
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182:(EEOC), claiming that the school had violated the terms of the
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United States Court of
Appeals for the Third Circuit cases
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public domain material from this U.S government document
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United States Court of
Appeals for the Third Circuit
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United States Court of
Appeals for the Third Circuit
162:Appellant was employed as a lay instructor by the
456:Geary v. Visitation of Blessed Virgin Mary School
449:Geary v. Visitation of Blessed Virgin Mary School
292:Geary v. Visitation of Blessed Virgin Mary School
136:Geary v. Visitation of Blessed Virgin Mary School
21:Geary v. Visitation of Blessed Virgin Mary School
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146:which considered whether a religious school in
458:, 7 F.3d 324 (3d Cir. 1993) is available from:
81:) ¶ 42,582; 62 USLW 2222; 86 Ed. Law Rep. 623
142:324 (3d Cir. 1993), was a court case in the
128:Age Discrimination in Employment Act of 1967
523:Roman Catholic Archdiocese of Philadelphia
518:Education in Delaware County, Pennsylvania
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258:of the district court was affirmed.
184:Age Discrimination in Employment Act
164:Blessed Virgin Mary Catholic Church
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215:Question presented
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152:age discrimination
150:could be sued for
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