Court to decide if teacher can sue church school
Court Alerts
The Supreme Court will decide whether a teacher at a church-run school is a religious or secular worker when it comes to the Americans with Disabilities Act.
The high court on Monday agreed to hear an appeal from Hosanna-Tabor Evangelical Lutheran Church and School of Redford, Mich.
Cheryl Perich, a teacher and commissioned minister, got sick in 2004 but tried to return to work from disability leave despite being diagnosed with narcolepsy. She taught third and fourth graders
The school said she couldn't return because they had hired a substitute for that year. They fired her after she showed up anyway and threatened to sue to get her job back.
Perich complained to the Equal Employment Opportunity Commission, which sued the church.
The church wanted the case thrown out. Courts have recognized a "ministerial exception" to the ADA which prevents government involvement in the employee-employer relationship between churches and ministerial employees.
But the 6th U.S. Circuit Court of Appeals in Cincinnati said Perich's job as a teacher was secular, not religious, so the exception blocking the lawsuit didn't count. The church wants that decision overturned.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.