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Case Name Henry v. Red Hill Evangelical Lutheran Church of Tustin
Date 12/09/2011
Note A California appellate court ruled that a Lutheran school is not liable under the Fair Employment and Housing Act for terminating a teacher for religious reasons, thanks to the ministerial exception.
Citation G044556
WCC Citation WCC 38322011 CA
HENRY v. RED HILL EVANGELICAL LUTHERAN CHURCH OF TUSTIN SARA HENRY, Plaintiff and Appellant, v. RED HILL EVANGELICAL LUTHERAN CHURCH OF TUSTIN, Defendant and Respondent. Plaintiff Sara Henry sued Red Hill Evangelical Lutheran Church of Tustin (sometimes the church) for wrongful termination under the California Fair Employment and Housing Act (Gov. Code,*fn1 § 12900 et seq. I FACTS The Red Hill Evangelical Lutheran Church of Tustin was incorporated in California in 1957. Henry filed a complaint against the Red Hill Evangelical Lutheran Church of Tustin (erroneously sued as the Red Hill Lutheran School) alleging in the first cause of action that the church terminated her employment based upon her marital status, in violation of the FEHA. As stated above, Red Hill Evangelical Lutheran Church of Tustin operates its school as a part of its ministry.

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