Americans with Disabilities Act

Issues

This case asks the Supreme Court to determine which standard to apply to claims of disability discrimination against students in K-12 schools under the Americans with Disabilities Act of 1990 (“ADA”) and Rehabilitation Act of 1973. Currently, multiple federal circuit courts apply the “bad faith or gross misconduct” standard, which is a higher standard than the “deliberate indifference” standard. A.T. and G.T., on behalf of their minor daughter A.J.T., argue that the “deliberate indifference” standard is more consistent with the text of the ADA and the Rehabilitation Act and with the meaning of the Individuals with Disabilities Education Act (“IDEA”). Osseo Area Schools, Independent School District No. 279, and Osseo School Board counter that the precedential case that applied the “bad faith or gross misconduct” standard is still good law, and the standard does not rely on IDEA but instead a proper reading of the ADA and the Rehabilitation Act. The outcome of this case has implications for the protection of students with disabilities against discrimination while in K-12 public schools.

Questions as Framed for the Court by the Parties

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Issues

Respondent Cheryl Perich taught for five years at Petitioner, Hosanna-Tabor Evangelical Lutheran Church and School (“Hosanna-Tabor”), including four years as a commissioned minister. In 2004, Hosanna-Tabor hired a new teacher to fill Perich’s position after Perich missed several months of teaching due to narcolepsy. When Hosanna-Tabor did not permit Perich to return to her former position, Perich threatened to sue under the Americans with Disabilities Act (“ADA”). Hosanna-Tabor fired Perich, and Perich initiated legal proceedings with the Respondent Equal Employment Opportunity Commission (“EEOC”), alleging that Hosanna-Tabor fired her in retaliation for threatening to sue. Hosanna-Tabor argues that the ministerial exception to the ADA, which prevents employment suits against religious entities by their religious employees, bars Perich's lawsuit because she fulfilled an important religious role. Perich and the EEOC contend that there is no ministerial exception under the anti-retaliation provisions of the ADA, and that the Establishment Clause, freedom of association principles, and Free Exercise Clause do not bar her suit. The United States Court of Appeals for the Sixth Circuit determined that Perich did not fall under the ministerial exception because she taught secular subjects with minimal religious components. The Supreme Court will decide whether the ministerial exception applies to a teacher at a religious school who teaches both secular and religious material.

Questions as Framed for the Court by the Parties

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Issues

Respondent Cheryl Perich taught for five years at Petitioner, Hosanna-Tabor Evangelical Lutheran Church and School (“Hosanna-Tabor”), including four years as a commissioned minister. In 2004, Hosanna-Tabor hired a new teacher to fill Perich’s position after Perich missed several months of teaching due to narcolepsy. When Hosanna-Tabor did not permit Perich to return to her former position, Perich threatened to sue under the Americans with Disabilities Act (“ADA”). Hosanna-Tabor fired Perich, and Perich initiated legal proceedings with the Respondent Equal Employment Opportunity Commission (“EEOC”), alleging that Hosanna-Tabor fired her in retaliation for threatening to sue. Hosanna-Tabor argues that the ministerial exception to the ADA, which prevents employment suits against religious entities by their religious employees, bars Perich's lawsuit because she fulfilled an important religious role. Perich and the EEOC contend that there is no ministerial exception under the anti-retaliation provisions of the  ADA,  and that the Establishment Clause, freedom of association principles, and Free Exercise Clause do not bar her suit. The United States Court of Appeals for the Sixth Circuit determined that Perich did not fall under the ministerial exception because she taught secular subjects with minimal religious components. The Supreme Court will decide whether the ministerial exception applies to a teacher at a religious school who teaches both secular and religious material.

Questions as Framed for the Court by the Parties

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