On Thursday, a federal appeals court upheld the decision of InterVarsity Christian Fellowship to fire one of its spiritual directors. Alyce Conlon, a former employee of InterVarsity, sued the fellowship and two of her supervisors after being fired.
InterVarsity Christian Fellowship is arguably the largest Christian campus ministry in the nation. Conlon, who worked as a spiritual director for the ministry since 1986, was put on paid leave after she told her supervisor Marc Papai that she and her husband were planning on filing for divorce. Papai allegedly put Conlon on paid leave to provide her time to work out her marriage. Supervisor Fred Bailey, along with Papai, was actively involved in trying to counsel Conlon and her husband.
InterVarsity's employment policy states that it "encourages employees to seek appropriate help to move toward reconciliation. IVCF will consider the impact of separation or divorce on colleagues, students, faculty and donors."
However, as time passed, Conlon's marriage relation grew worse. Conlon attended counseling sessions and reported to her supervisors, she asked her supervisors to allow her to return to work, but they denied her requests. On December 10, 2011 InterVarsity terminated her employment for failure to reconcile. In retaliation, Conlon sued the fellowship for discrimination.
"Following her termination, Plaintiff [Conlon] filed a complaint alleging that she was treated differently than similarly-situated male employees who divorced their spouses. Plaintiff asserts that she faced discriminated based on her gender in violation of Title VII of the Civil Rights Act of 1964," read a court document.
The sixth circuit federal court rejected Conlon's claim, referencing the Supreme Court's decision in Hosanna-Tabor Evangelical Lutheran Church and School from 2012. In the case, the high court ruled that a church is protected under ministerial exemption, which is supported by the first amendment. Further, it "precludes application of [Title VII and other employment discrimination laws] to claims concerning the employment relationship between a religious institution and its ministers."
Though the InterVarsity fellowship is not a church, it is classified as a religious group and applicable to the Hosanna-Tabor case. Further, Conlon's role as a spiritual director was similar to that of a minister at a church: she provided spiritual counsel as well as fostered intimacy with Christ and growth in the Christian faith. InterVarsity was thus protected under ministerial exemption.
"Because IVCF is a religious organization and Conlon was a ministerial employee, IVCF's decision to terminate her employment cannot be challenged under federal or state employment discrimination laws," ruled the federal court. The case sets a precedent for the protection of religious institutions and faiths in terms of their ability to choose workers.
