3d Circuit issues another TVII religious discharge decision

[Anthony Picarello]

The case is Curay-Cramer v. Ursuline Academy of Wilmington:  

 

http://caselaw.lp.findlaw.com/data2/circs/3rd/044628p.pdf

 

The court applied the NLRB v. Catholic Bishop of Chicago analysis in
rejecting a Title VII sex discrimination / disparate treatment claim,
but rejected two other counts on statutory grounds, for pure failure to
state a claim, without even needing to find that the constitution
warranted a narrow construction.

 

Judge Becker was on the panel, but died before the decision was
finalized.  The opinion contains no citation to the recent Petruska v.
Gannon decision, and the court only alludes to the ministerial exception
in a footnote. 

 

The Becket Fund represented the defendants.

 

Anthony R. Picarello, Jr.

President & General Counsel

The Becket Fund for Religious Liberty

1350 Connecticut Avenue, NW

Suite 605

Washington, DC 20036-1735

Phone: (202) 349-7203

Fax: (202) 955-0090

 

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