1st Amend. Trumps Teacher's Age Bias Claim: Court

Law360, New York (July 22, 2009, 2:32 PM EDT) -- A school teacher cannot bring an age discrimination claim against a Catholic school because the claim “unconstitutionally impinges” on her employer's right to religious freedom, Wisconsin's highest court has ruled.

In a 4-3 decision handed down Tuesday, the Supreme Court of Wisconsin reversed and remanded a lower court ruling that said Wendy Ostlund's position as a first-grade teacher was not "ministerial," and therefore was not barred by the First Amendment of the U.S. Constitution.

If an employee is integral to the religious mission of the school,...
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