The New Jersey Supreme Court In Crisitello v. St. Theresa School Holds The "Religious Tenets" Doctrine As An Affirmative Defense

• Jurisdiction: New Jersey,United States
• Law Firm: Buchanan Ingersoll & Rooney PC
• Subject Matter: Employment and HR, Discrimination, Disability & Sexual Harassment, Employment Litigation/ Tribunals
• Author: Mr Christopher J. Dalton and John L. Lamb
• Published date: 11 September 2023

On August 14, 2023, the New Jersey Supreme Court, in Crisitello v. St. Theresa School, held that the "religious tenets" exception to the New Jersey Law Against Discrimination (LAD) provides an affirmative defense to religious entities in claims of employment discrimination, and if successfully pled and proven, avoids the pretext analysis in the McDonnell Douglas framework.

Background

In 2011, Defendant St. Theresa School hired Plaintiff Victoria Crisitello. As part of Crisitello's employment, she signed an acknowledgment of her receipt and understanding of employment documents including the Code of Ethics. St. Theresa School is a Roman Catholic elementary school that uses the official "Archdiocese of Newark Policies on Professional and Ministerial Conduct," the first section of which contains its Code of Ethics. The Code of Ethics requires employees to conduct themselves in a manner that is consistent with the discipline, norms, and teachings of the Catholic Church.

After three years of employment, in 2014, Sister Lee, the school principal, approached Crisitello about the possibility of teaching art full time. During their meeting, Crisitello stated that she was pregnant. A few weeks later, Sister Lee told Crisitello that she had violated the Code of Ethics by engaging in premarital sex and therefore terminated Crisitello after presenting her with the option of resignation.

Later in 2014, Crisitello filed a complaint in Union County Superior Court alleging discrimination based on pregnancy and marital status pursuant to the LAD. After conducting limited discovery, in November 2016, the trial court granted summary judgment in favor of St. Theresa School, finding that the LAD protects a religious institution in requiring that an employee abide by the principles of its faith. The trial court held that Crisitello was terminated for violating the tenets of the Catholic Church, thereby violating the Code of Ethics, and not her pregnancy and marital status. It lastly held the First Amendment barred her claims.

However, on appeal in 2018, the Appellate Division reversed, holding that the First Amendment barred neither Crisitello's claims and that Crisitello had established a prima facie case discrimination under the LAD. On remand, after discovery, the trial court again in April 2019 granted summary judgment in favor of St. Theresa School. The trial court held there was no evidence Crisitello's out-of-wedlock pregnancy was not the real reason for her termination.

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