Campbell Campbell Edwards & Conroy Win Age Discrimination Case Brought Against Conservative Jewish Congregation
January 2013
Plaintiff brought this action against her employer and our client, a Conservative Jewish Congregation, one of its governing bodies, and one of its managers, claiming that all three discriminated against her in her employment by reason of her age, in violation of G.L, c. 151D, and that the governing body and the manager interfered with her contractual relations with the employer and intentionally inflicted emotional distress upon her. The plaintiff taught seventh grade students. During her typical day, she would teach students about Jewish customs and values, the Hebrew language and Jewish history. She would also lead students in prayer and worship, and would attend Shabbat services with them.
Defendants moved to dismiss the claims under Mass. R. Civ. P. 12(b)(1) for lack of subject matter jurisdiction. The Superior Court, Essex County (Whitehead, J.) agreed and granted the synagogue’s motion to dismiss on the grounds that the ministerial exception to employment discrimination laws applied to the teacher’s claim regardless of whether the teacher held any title of clergy. In its decision, the court noted that its involvement in the dispute would have infringed the free exercise of religion or caused excessive entanglement between the State if the court were to order the synagogue to rehire a religious teacher it did not want to employ, or to order damages for refusing to do so.
Brian P. Voke served as lead trial counsel for the Conservative Jewish Congregation in this case. Christopher R. Howe
