Biel v. St. James School, A Corp.

And in en banc news: Fifth grade teacher at Catholic school needs time off to undergo surgery, chemo for breast cancer. She’s fired. A violation of the Americans With Disabilities Act? District court: No need to answer that. The First Amendment’s ministerial exception excepts the school from the ADA. Ninth Circuit (2018): She’s not a minister. The case should not have been dismissed. Judge Nelson (2019, joined by eight others), dissenting from denial of en banc review: The panel decision exhibits “the very hostility toward religion our Founders prohibited and the Supreme Court has repeatedly instructed us to avoid.”

Tags: 2019, ADA, En Banc, First Amendment, Judge Nelson, Ninth Circuit

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