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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.