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School: Totino-Grace High School

Class: ConCrim 2011
Grade: 12th

Friend of the Court for Hosanna-Tabor Church v. EEOC

Written by concrim-2011-66

School: Totino-Grace High School
Class: ConCrim 2011
Grade: 12th

Justices; we have a very important issue before you; one that has many dramatic and far-reaching consequences.  If this matter is resolved in the wrong way, it could leave many people unemployed and give a great deal of power to church and religious leaders across America.

I am here to represent the EEOC or the Equal Employment Opportunity Commission.  The job of the EEOC is to make sure that everyone has an equal chance of being employed, regardless of their gender, race, sexual orientation or disabilities.  Now in the case of Hosanna-Tabor Church, the EEOC’s rules have been severely violated.

Mrs. Cheryl Perich was an elementary school teacher at Hosanna-Tabor Church, which is also a school.  Mrs. Perich developed a condition that caused her to randomly fall asleep, it could happen at any time.  Understandably, parents and administrators were concerned about children’s safety while under Mrs. Perich’s care.  So, Mrs. Perich was fired from her job because of her disability.  This clearly violates the EEOC’s rules.  However, the problem is churches and religious organizations are immune from this rule.  But Mrs. Perich was not a religious teacher at Hosanna-Tabor Church.  She had little to noting to do with the religious teachings of the school.  Religious leaders have the authority to dismiss other religious leaders and teachers for any reason, that does not fall under the authority of the EEOC.  But, because Mrs. Perich was not a religious teacher, she is under the EEOC’s protection and should never have been fired from her job.  What should have happened is Mrs. Perich was given a teacher’s aide, to watch over the kids in the event that Mrs. Perich should fall asleep on the job.   But, instead, Mrs. Perich was unjustly fired.  If this is overlooked, then religious leaders can fire non-religious teachers all across the country with no direct consequences.  Many could become unemployed unfairly.  This is why, in the case of Hosanna-Tabor Church v. EEOC, you must side with the EEOC, to protect those that need protection.

By Ryan S

amicus

This post has been awarded the
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Harlan Institute Feedback: Good amicus brief.


The Cost of Safety

Written by concrim-2011-66

School: Totino-Grace High School
Class: ConCrim 2011
Grade: 12th

After 9/11 it should be pretty obvious that we need these extra scurity measures.  There has not been any sucsessful hijaking of an American plane since 9/11 and that is in part to our increased security systems.  That alone should be enough to convince people that we need these security measures, but many people still complain about them.  After the attempted hijaking and bombing of a Detroit plane, well, we should be able to see that these security measures are vital.    Many people say that these secuirty measures are too intrusive and they violate our privacy.  The simple truth is; if you have nothing to hide then you have nothing to worry about.   After all, these measures are there to protect you.  These security systems have saved who knows how many times from another 9/11.   Why anyone would complain about a system that is saving lives is a mystery to me.  Who knows, the nest time you get a plane and go through security and the person in front of you is cought carrying a dangerous weapon, you’ll be glad that those systems are in place.

justice

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Harlan Institute Feedback: Nice discussion of 9/11.


Discrimination & Religious Employees

Written by concrim-2011-66

School: Totino-Grace High School
Class: ConCrim 2011
Grade: 12th

DISCRIMINATION & RELIGIOUS EMPLOYEES

By Ryan

I can see the deference given to the churches by the  courts being greatly abused.  I’m sure it has been abused in the past and it will in the future.  If someone in charge of a religious school fired a teacher or another employee, no one can really do anything about because of all the protection churches have.  Now I can see where the firing of religious leaders in the churches and schools should be fired at the discretion of the church and not the government, but the math and English teachers who have nothing to do with the religious function of the school, that’s another matter.  Someone who is not involved in the religion department of the school should not be subject to the Ministerial Exception firing rule.  They should get the same rights as public school teachers.  In Perich’s case, a better solution might have been to get her a teacher’s aide.  That way when Perich does fall asleep, someone can still watch over the kids and keep them out of danger.  Then this whole ordeal could have been avoided.  A religious school may be able to get away with not hiring someone because they are openly gay, if that particular religion considers homosexuality a sin.  The school would most likely tell the person that they did not get hired for different reasons, however.  But if they simply said that they will not hire someone because they are gay, disabled or African-American, it would be a different story.  The courts would probably get involved in that case.

employees-rights

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