Hosanna-Tabor Evangelical Lutheran Church and School is a member congregation of the Lutheran Church-Missouri Synod and operates a school in Redford, Michigan, offering a Christ-centered education to students in kindergarten through eighth grade. The Synod classifies its schoolteachers into two categories: called and lay. Called teachers are regarded as having been called to their vocation by God through a congregation and must complete academic requirements, including a colloquy program requiring eight courses of theological study, endorsement by the local Synod district, and passage of an oral examination by a faculty committee before receiving the formal title Minister of Religion, Commissioned.
Lay teachers are not required to be trained by the Synod or even to be Lutheran. Lay teachers are hired only when called teachers are unavailable. Cheryl Perich was first employed by Hosanna-Tabor as a lay teacher in 1999. After Perich completed her colloquy later that school year, Hosanna-Tabor asked her to become a called teacher. Perich accepted the call and received a diploma of vocation according her the title Minister of Religion, Commissioned.
Perich taught kindergarten during her first four years and fourth grade during the 2003-2004 school year, covering math, language arts, social studies, science, gym, art, and music. She also taught a religion class four days a week, led the students in prayer and devotional exercises each day, and attended a weekly school-wide chapel service, leading the service herself about twice a year.
Perich became ill in June 2004 with what was eventually diagnosed as narcolepsy. Perich began the 2004-2005 school year on disability leave. On January 27, 2005, Perich notified the school principal that she would be able to report to work the following month. The principal responded that the school had already contracted with a lay teacher to fill Perich's position for the remainder of the school year. On January 30 the congregation voted to offer Perich a peaceful release from her call, whereby the congregation would pay a portion of her health insurance premiums in exchange for her resignation as a called teacher. Perich refused to resign and produced a note from her doctor stating that she would be able to return to work on February 22.
On the morning of February 22 Perich presented herself at the school and refused to leave until she obtained written documentation that she had reported to work. Later that afternoon the principal called Perich at home and told her that she would likely be fired. Perich responded that she had spoken with an attorney and intended to assert her legal rights. Following a school board meeting that evening, board chairman Scott Salo sent Perich a letter stating that Hosanna-Tabor was reviewing the process for rescinding her call. Salo subsequently followed up with a letter advising Perich that the congregation would consider whether to rescind her call at its next meeting. As grounds for termination, the letter cited Perich's insubordination and disruptive behavior on February 22 as well as the damage she had done to her working relationship with the school by threatening to take legal action. The congregation voted to rescind Perich's call on April 10, and Hosanna-Tabor sent her a letter of termination the next day.
Perich filed a charge with the Equal Employment Opportunity Commission alleging that her employment had been terminated in violation of the Americans with Disabilities Act. The EEOC brought suit against Hosanna-Tabor alleging that Perich had been fired in retaliation for threatening to file an ADA lawsuit. Perich intervened in the litigation. The District Court granted summary judgment for Hosanna-Tabor. The Sixth Circuit vacated and remanded. The Supreme Court granted certiorari.
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