GEARY v. VISITATION OF THE BLESSED VIRGIN MARY

No. 93-1062.

7 F.3d 324 (1993)

Marie GEARY, Appellant, v. VISITATION OF THE BLESSED VIRGIN MARY PARISH SCHOOL; Francis J. Clemins, Reverend Monsignor, Individually and as Pastor of Visitation of the Blessed Virgin Mary Church; Archdiocese of Philadelphia.

United States Court of Appeals, Third Circuit.

Decided October 6, 1993.


Attorney(s) appearing for the Case

Robert J. Reilley, Jr. (argued), Pizonka, Reilley & Bello, King of Prussia, PA, for appellant.

Herbert G. Keene, Jr. (argued), Nicholas Deenis, Stradley, Ronon, Stevens & Young, Philadelphia, PA, for appellees.

Donald R. Livingston, Gen. Counsel, Gwendolyn Young Reams, Associate Gen. Counsel, Lorraine C. Davis, Asst. Gen. Counsel, Jennifer S. Goldstein (argued), E.E.O.C., Washington, DC, for amicus curiae EEOC.

Steven S. Zaleznick, Cathy Ventrell-Monsees, Sally P. Dunaway, American Ass'n of Retired Persons, Washington, DC, for amicus curiae AARP.

Before: MANSMANN, GREENBERG and LEWIS, Circuit Judges.


OPINION OF THE COURT

MANSMANN, Circuit Judge.

We must determine whether the Age Discrimination in Employment Act applies to protect a lay teacher in a church-operated elementary school. The district court concluded broadly that it does not. We disagree and conclude that it may. We caution, however, that when a religious employer contends that a religious tenet or practice — not illegal discrimination — motivated a challenged employment action...

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