Catholic schools, ex-teachers clash in Supreme Court case
Law Firm News
First, Kristen Biel learned she had breast cancer. Then, after she told the Catholic school where she taught that she’d need time off for treatment, she learned her teaching contract wouldn’t be renewed.
“She was devastated,” said her husband Darryl. “She came in the house just bawling uncontrollably.”
Biel died last year at age 54 after a five-year battle with breast cancer. On Monday, the Supreme Court will hear arguments in a disability discrimination lawsuit she filed against her former employer, St. James Catholic School in Torrance, California.
A judge initially sided with the school and halted the lawsuit, but an appeals court disagreed and said it could go forward. The school, with the support of the Trump administration, is challenging that decision, telling the Supreme Court that the dispute doesn’t belong in court.
The case is one of 10 the high court is hearing arguments in by telephone because of the coronavirus pandemic. The justices heard arguments in four cases this week. Next week includes Biel’s case as well as high-profile fights over President Donald Trump’s financial records and whether presidential electors have to cast their Electoral College ballots for the candidate who wins the popular vote in their state.
Biel’s lawsuit is one of two cases being heard together that involves the same issue: the “ministerial exception” that exempts religious employers from certain employment discrimination lawsuits.
The Supreme Court recognized in a unanimous 2012 decision that the Constitution prevents ministers from suing their churches for employment discrimination. But it specifically avoided giving a rigid test for who should count as a minister.
Related listings
-
Supreme Court appears likely to reject Trump immunity claim
Law Firm News 05/10/2020The Supreme Court on Tuesday appeared likely to reject President Donald Trump’s claim that he is immune from criminal investigation while in office. But the court seemed less clear about exactly how to handle subpoenas from Congress and the Man...
-
Judges, past finalists among candidates for top Kansas court
Law Firm News 12/19/2019Two members of the Kansas attorney general's staff who were finalists for a previous appointment and four lower-court judges are seeking to fill a vacancy on the state Supreme Court.A lawyer-led state nominating commission is scheduled to interview 1...
-
Supreme Court steps into Google-Oracle copyright fight
Law Firm News 11/13/2019The Supreme Court said Friday it will referee a high-profile copyright dispute between technology giants Oracle and Google. Oracle says it wants nearly $9 billion from Google.The case stems from Google’s development of its hugely popular Androi...
USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists
U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.
The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.
TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.