December 13, 2011: Religious Association is not liable for wrongful termination where employee's termination was due to violat

  • Dedication & Experience

    Representing clients in Southern California since 1925!

    What We Do
  • SoCal Blog: Stay Informed

    Read about developments in the law & how they may affect you.

    Recent News
  • Proven Track Record

    View the recent verdicts & settlements we've won.

    Our Results
  • Take the First Step Now

    Get help now! Use our quick contact form to email us.

    Free Case Review

December 13, 2011: Religious Association is not liable for wrongful termination where employee's termination was due to violation of church precept.

On December 9th, 2011 in Henry v. Red Hill Evangelical Lutheran Church of Tustin, California (California Courts of Appeal- 4th District, No. G044556), the court held that a Church is exempt from the definition of employer. Resulting, the court found that the Fair Employment and Housing Act does not apply to Churches because they are religious organizations rather than private, for-profit corporations.

In Henry, a Lutheran school terminated a preschool teacher after learning that the teacher was cohabitating with the father of her child without being married. Importantly, part of her position required acting as a Christian role-model.

The court found that because a church is exempt from the definition of employer, a discrimination cause cannot be brought under the Fair Employment and Housing Act. The court held "Henry's employment was terminated not due to her marital status or because she had a baby out of wedlock, but rather, because she continued to live with her boyfriend in a sexual relationship while unmarried, in violation of a church precept." Because the termination revolved around religious reasons, it was possible to exempt the church from liability.

  • Dedication & Experience

    Representing clients in Southern California since 1925!

    What We Do
  • SoCal Blog: Stay Informed

    Read about developments in the law & how they may affect you.

    Recent News
  • Proven Track Record

    View the recent verdicts & settlements we've won.

    Our Results
  • Take the First Step Now

    Get help now! Use our quick contact form to email us.

    Free Case Review
Spray, Gould & Bowers LLP - Orange County Lawyers
Located at 2 Corporate Park, Suite 201
Irvine, CA 92606.
View Map
Phone: (888) 427-8064
Website:
© 2017 All Rights Reserved.

Southern California's Law Firm

Since 1925

Contact our office to recieve a FREE case evaluation.

Call Now 888.427.8064
Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.