Harassment Claims Against the Church

Cases all across the nation can set precedents for rulings in other states. New Jersey employment law is affected by cases such as this one which was heard in the state of Kansas. It is interesting cases like this one that has kept Tayeb Hyderally involved in employment law as it pertains to sexual harassment. What makes this case so interesting is that it involves a sexual harassment case in a church setting. Before the case could be heard by the courts it first had to be deemed that it would not in any way violate the separation of church and state. In this case, it did not as the alleged sexual harassment was job related yet the secular ruling had no bearing on the religious standings of the church. The court also found that Title VII could be applied to the work setting without entangling the government in religion.

Sue Ann Dolquist was ordained in the Presbyterian Church and served as pastor. She alleged that during her tenure the choir director, who was also a church elder, made vulgar comments and touched her inappropriately. She reported the conduct to her supervisor who threatened to fire her. The situation was not addressed properly by authorities. When the work environment became unbearable she decided to quit. She then filed suit in federal court against the churches which had employed her stating that the church and its supervisors where in violation of Title VII. The defendants tried to argue a “ministerial exception” but the courts denied this motion.

Miller subjected Dolquist to oppressive, degrading, emotionally upsetting and sexually inappropriate behavior from 1996 to 2001. He was also engaged in such inappropriate behaviors with other women in the church during this same time frame. He finally resigned from his position as music director in June of 2000, but remained in the position of a church elder. When members tried to rehire Miller as the church music director in 2001, Dolquist objected and referred to his past sexual misconduct. In September of 2001 the church advised her that she had also been accused of engaging in behavior similar to Miller’s. In October, 2001, she was fired even though her job performance was satisfactory.

She filed five counts against the Heartland church sexual discrimination, sexual harassment, retaliation, negligent infliction of emotional distress and outrage and failure to supervise. Two of these cases were dismissed, infliction of emotional distress and claim for negligence.

This case was very important in setting precedents to protect employees of religious institutions against sexual harassment in the workplace.

Sexual Harassment in the Workplace

The legal world is vast, especially when one begins to study employment law and sexual harassment. Ty Hyderally is an experienced lawyer who has been intrigued with the complexity of this legal area. Actually, this complex world is what first made it appealing to him. He has been successfully litigating cases of employment law and various forms of discrimination for many years. He also has offices in both the New York and New Jersey areas.

There are both state and federal laws which are created to protect employees against sexual harassment in the workplace. Federal laws are centered on Title VII of the Civil Rights Act of 1964. These laws apply to employers who employ 15 or more persons. Most of the time employees who work for smaller businesses are still covered by state level anti-discrimination laws. While state laws may vary some on issues of same sex harassment, federal law supports claims against an employer for same sex harassment.

There are two types of sexual harassment as it occurs in the workplace. Quid Pro Quo Harassment is where an employee is required to tolerate some level of sexual harassment so that they can keep their job, obtain benefits, raises or promotions. And a Hostile Work Environment Harassment is a situation in which the harassment interferes with the work performance of an employee, or creates an offensive or abusive work environment.

One incident could be considered a quid pro quo harassment claim, but usually to establish a hostile work environment there will be a pattern of abusive conduct. There are several types of behaviors that can be classified as sexual harassment. Any time there are unwelcome sexual advances, verbal or physical contact of a sexual nature or requests for sexual favors it can constitute a sexual harassment claim. There are certain situations where an employer can be held liable for misconduct of non-employees, if they do not take any form of appropriate or corrective action to detour the behavior.

To bring a claim for sexual harassment the plaintiff will have to establish that they found the conduct to be offensive, abusive or hostile. To file a complaint against a workplace for sexual harassment does not mean that one has to be a victim. Usually prior to filing a suit in a sexual harassment case, the complainant will have to file a complaint with the employer or their administrative agency. To file a federal complaint, it will have to be filed with the EEOC first. And there are local and state agencies to which persons can file complaints.

Title VII will also provide protection for employees who file a sexual harassment case, who are testifying in these types of proceedings, or are participating in an investigation or litigation that is associated with a sexual harassment complaint. An employee may lose a sexual harassment claim, but still win against the employer on the grounds of retaliation.

Sexual Harassment Litigation

Ty Hyderally specializes in cases of sexual harassment.

The New Jersey Law Against Discrimination (LAD) prohibits employers from discriminating in any job-related action, including recruitment, interviewing, hiring, promotions, discharge, compensation and the terms, conditions and privileges of employment on the basis of any of the law’s specified protected categories.

Moreover, an employment policy or practice that is neutral in its terms may be deemed unlawful if the policy or practice has an adverse impact on protected groups. So what do you need to know when it comes to your rights in the work place?

To learn more about sexual harassment litigation you can read my article here.