FRATELLO v. ARCHDIOCESE OF NEW YORK

Docket No. 16-1271 August Term, 2016.

863 F.3d 190 (2017)

Joanne FRATELLO, Plaintiff-Appellant, v. ARCHDIOCESE OF NEW YORK, St. Anthony's Shrine Church, and St. Anthony's School, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 14, 2017.


Attorney(s) appearing for the Case

MICHAEL DAVID DIEDERICH, JR. , Stony Point, NY, for Plaintiff-Appellant.

ERIC C. RASSBACH ( Lori Halstead Windham , Daniel H. Blomberg ; James P. McCabe , Roderick J. Cassidy , Archdiocese of New York, New York, NY; Kenneth A. Novikoff , Barry I. Levy , Rivkin Radler LLP, Uniondale, NY, on the brief), The Becket Fund for Religious Liberty, Washington, D.C., for Defendants-Appellees.

Leslie Griffin , UNLV William S. Boyd School of Law, Las Vegas, NV (on the brief), for amici curiae Call to Action, DignityUSA, FutureChurch, The National Coalition of American Nuns, New Ways Ministry, and Voice of the Faithful.

Stephen Bergstein , Bergsten & Ullrich, LLP, New Paltz, NY (on the brief), for amicus curiae National Employment Lawyers Association/New York.

Victoria Dorfman , Todd Geremia , Lauren Pardee Ruben , Jones Day, New York, NY (on the brief), for amici curiae Douglas Laycock, Michael W. McConnell, Thomas C. Berg, Carl H. Esbeck, Richard W. Garnett, Paul Horwitz, and John D. Inazu.

Paul J. Zidlicky , Sidley Austin LLP, Washington, D.C. (on the brief), for amici curiae Carmelite Sisters of the Most Sacred Heart of Los Angeles and Sisters of the Presentation of the Blessed Virgin Mary.

Erik W. Stanley , Jeremiah Galus , Alliance Defending Freedom, Scottsdale, AZ (on the brief), for amicus curiae Orthodox Church in America.

Before: Sack and Lohier, Circuit Judges, and Woods, District Judge.


Plaintiff-appellant Joanne Fratello, former principal of a Roman Catholic school, alleges that she was terminated from that position on the basis of unlawful gender discrimination and retaliation. The defendants — the school, the church, and the archdiocese — moved for...

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