State Supreme Court Sides with Newton's Temple Emanuel, Dismisses Discrimination Case

The state's Supreme Judicial Court last week dismissed a workplace discrimination case brought against Temple Emanuel in Newton after one of the religious school teachers was let go in 2008.

The claim was brought forward by former teacher Gaye Hilsenrath, who was a part time teacher for more than 24 years before she was let go, according to court documents. Hilsenrath claimed she lost her job and was discriminated against due to her age.

According to the SJC decision, Temple Emanuel is protected by the First Amendment's "ministerial exception", which prohibits a court or administrative agency from applying the state antidiscrimination laws in religious hiring decisions.

"Where a school's sole mission is to serve as a religious school, the State should not intrude on a religious group's decision as to who should (and should not) teach its religion to the children of its members. Therefore, the ministerial exception applies to the school's employment decision regardless whether a religious teacher is called a minister or holds any title of clergy," the decision read. 

In the decision, which was written by Justice Ralph Gants, the court explains that the Temple Emanuel religious school attempted a new staffing model in 2007 and as a result, a number of teachers were let go. 

After she was let go, Hilsenrath filed her age discrimination complaint with the Massachusetts Commission Against Discrimination (MCAD) in August 2008. The temple then filed a motion to dismiss that complaint, which was denied several times by MCAD. Eventually, the Temple was ordered to file a response to Hilsenrath's complaint.

Shortly after that order, the Temple filed a complaint with the SJC about the commission's decision. The SJC ruled that the Temple did not have to respond to the complaint and eventually took on the constitutional issue, ordering the commission to dismiss the discrimination complaint. 

Read more details about this case in the court documents detailing the Supreme Court's decision.