Hosanna-Tabor v. EEOC (user search)
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  Hosanna-Tabor v. EEOC (search mode)
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Author Topic: Hosanna-Tabor v. EEOC  (Read 1949 times)
True Federalist (진정한 연방 주의자)
Ernest
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« on: October 06, 2011, 02:42:23 PM »

Since the person who filed the original complaint was apparently doing duties that were also being done by non-ministerial employees (and indeed had once been one herself) I think the Supreme Court should be skeptical to a claim by Hosanna-Tabor to the ministerial exception.  Unless they can show some distinction in duties between the two classes of employees, Hosanna-Tabor should not be able to claim the ministerial exemption.  At first glance, this looks a lot like what happens when businesses misclassify employees as independent contractors or supervisors to game other employment laws.

However, all this misses the larger point.  Why do we have these laws in the first place?  There really shouldn't be this level of government interference in private contracts.
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True Federalist (진정한 연방 주의자)
Ernest
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Posts: 42,144
United States


« Reply #1 on: January 12, 2012, 07:35:28 PM »

Unless they can show some distinction in duties between the two classes of employees, Hosanna-Tabor should not be able to claim the ministerial exemption.

The court did find distinctions between the called teachers and the lay teachers.  Hence the positions were not equivalent. As I held all along, that was sufficient for Hosanna-Tabor to claim the ministerial exemption.
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