An Overview Of Employment-Related Decisions And Pending Cases From The U.S. Supreme Court's 2012 Terms

This year the U.S. Supreme Court's seminal decisions on health care and state immigration law dominated the news cycle (National Federation of Independent Business v. Sebelius, 567 U.S. ___ (2012) (affirming the constitutionality of most provisions of the Patient Protection and Affordable Care Act, including the requirement that most Americans have health insurance by 2014); Arizona v. United States, 567 U.S. ___ (2012) (holding Arizona's law providing authority for local law enforcement to enforce immigration law was preempted by federal immigration law)). But in the two terms that cover 2012 the U.S. Supreme Court also issued multiple decisions and heard oral arguments for less publicized cases in the labor and employment arena.

DECISIONS RENDERED IN 2012

Since January 2012, the Supreme Court decided various labor and employment cases that covered a range of topics. Some of the Court's notable decisions are discussed below.

"Ministerial Exception" Bars Wrongful Termination Claims Against Churches

In a landmark case for religious institutions, the Supreme Court unanimously ruled that the First Amendment bars discrimination lawsuits brought on behalf of ministers against their church employers. Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, 132 S.Ct. 694 (January 11, 2012). Cheryl Perich was terminated by her church employer and thereafter filed a claim alleging she had been fired in violation of the Americans with Disabilities Act. The Supreme Court held that Perich was a minister and, as such, her disability discrimination claim against the church was barred. The Hosanna-Tabor decision is the first Supreme Court case to recognize the existence of a "ministerial exception," grounded in the First Amendment, that precludes application of employment discrimination laws to claims concerning the employment relationship between religious institutions and their ministers. According to Chief Justice Roberts, who delivered the Court's opinion, "[t]he interest of society in the enforcement of employment discrimination statutes is undoubtedly important ... so too is the interest of religious groups in choosing who will preach their beliefs, teach their faith and carry out their mission ... the First Amendment has struck the balance for us. The church must be free to choose those who will guide it on its way."

The Hosanna-Tabor case is a seminal case for religious institutions seeking to defend against employment discrimination lawsuits. Religious employers that can show a plaintiff is a "minister" have a clear basis for dismissing employment discrimination claims brought in administrative agencies and in courts. These employers should note, however, that by applying the ministerial exception, Hosanna- Tabor only bars suits brought by ministers and it only bars employment discrimination lawsuits.

Suits Alleging Violation of FMLA Self-Care Leave Provision Not Available to State Employees

In Coleman v. Maryland Court of Appeals, 132 S.Ct. 1327 (March 20, 2012), the Supreme Court ruled a state employer was immune from suit alleging a violation of the Family and Medical Leave Act's (FMLA) self-care provisions. In addition to providing leave to care for...