· 9/1/1993
Guy Demarco v. Holy Cross High School
Citations
- 4 F.3d 166
- 136 A.L.R. Fed. 737
- 1993 U.S. App. LEXIS 22423
- 62 Empl. Prac. Dec. (CCH) 42,535
- 62 Fair Empl. Prac. Cas. (BNA) 1153
- 1993 WL 335131
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that applying the ADEA to a math teacher at a religious high school would not result in excessive entanglement under the Establishment Clause
- holding that the ministerial exception did not apply to a lay teacher who brought an ADEA action against a parochial school even though the teacher performed some religious duties, including leading his students in prayers and taking them to Mass
- noting that the pretext inquiry considers “whether the putative non-discriminatory purpose was stated only after the allegation of discrimination”
- “A fact-finder will necessarily have to presume that an asserted religious motive is plausible in the sense that it is reasonably or validly held.”
- because Title VII applies to religious institutions and ADEA is modeled on Title VII, Congress intended ADEA to apply to religious institutions
- sole question in ADEA case is whether plaintiff was unjustifiably treated differently because of age
Source: CourtListener parenthetical corpus (CC0).
Judges: Walker, Melaughlin, Griesa
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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