Defense Judgment in Employment Suit Against Church

October 7, 2010

Michael D. McEvoy, Sr. and Maria A. Starn gained judgment for the defense in a case arising from claims of marital status discrimination in violation of California Fair Employment and Housing Act and wrongful termination.  The plaintiff, an unmarried woman, filed suit against the church after she was terminated from her position as a preschool teacher at the church-owned and operated elementary school. The plaintiff alleged that the motivating reason for her termination was that she was living with her boyfriend and raising a child with him without the benefit of marriage. 

The church did not dispute the basis for the adverse employment action taken against plaintiff. Rather, defense counsel successfully argued that, as a nonprofit religious corporation, it has a religious right to discriminate against employees who interfere with the corporation’s religious mission. During a bifurcated trial on the defendant’s constitutional affirmative defenses, the defense successfully established that its employment action against the plaintiff was motivated by a legitimate religious justification, i.e. that the plaintiff’s conduct in living with the boyfriend and raising a child with him conflicted with the church’s religious mission and beliefs. After finding that the religious justification submitted by the defendant was not “pretext” for any improper purpose (such as gender, marital status or pregnancy discrimination), the Orange County Superior Court entered judgment for the defendant.