Stanislaw Sterlinski v. Catholic Bishop of Chicago
Stanislaw Sterlinski v. Catholic Bishop of Chicago
Opinion
Saint Stanislaus Bishop & Martyr Parish in Chicago hired Stanislaw Sterlinski in 1992 as Director of Music. In 2014 the Parish's priest (Anthony Dziorek, C.R.) demoted Sterlinski to the job of organist and in 2015 fired him outright. He contends in this employment-discrimination suit against the Bishop of Chicago that the Parish held his Polish heritage against him. Until his demotion he could have been fired for any reason, because as Director of Music he held substantial authority over the conduct of religious services and would have been treated as a "minister" for the purpose of
Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC
,
As Director of Music Sterlinski selected the music to be played at services; as organist he did not. As Director of Music he had participated in budgeting, taught the church's choirs, and served on the Archdiocese's music committee. The parties disagree about whether, in his reduced role as organist, he was a "minister" for the purpose of Hosanna-Tabor . The Bishop's argument, which the district judge accepted, is that music is vitally important to the services of the Roman Catholic Church. Music traditionally has not played a role in services of the Society of Friends, and its role in other faiths varies, but in Roman Catholic services music is integral to the mass and many other activities. The district judge observed that the United States Conference of Catholic Bishops issued Sing to the Lord: Music in Divine Worship , an 87-page document (with 235 footnotes!) explaining how music advances not only celebration of the mass but also other devotional matters. Sing to the Lord addresses at length the importance of organ playing. This persuaded the district judge that an organist is, if not as important to services as a priest or cantor, a part of religious exercise, so that an organist is properly called a "minister" under Hosanna-Tabor .
Sterlinski stresses that he has not been ordained, unlike Cheryl Perich, whose firing led to
Hosanna-Tabor
. And he describes an organist as a "ministerial" position in a way different from what the Justices in
Hosanna-Tabor
described as the "ministerial exception" to Title VII: he
just played the notes on the sheet music that Father Dziorek told him to use. (This suggests that the "ministerial exception" might be renamed the "ministry exception" or "the rule of
Hosanna-Tabor
" to avoid confusion with the sense of "ministerial" as mechanical or straightforward.) Sterlinski wants us to decide for ourselves whether an organist's role is sufficiently like that of a priest to be called part of the ministry. That's the path followed by a divided panel in
Biel v. St. James School
,
Our circuit, however, adopted a different approach in
Grussgott v. Milwaukee Jewish Day School, Inc.
,
Even assuming Grussgott was correctly decided, which we are not sure it was, the plaintiff in Grussgott more closely resembled Perich than Biel does. Although the plaintiff in Grussgott lacked a formal religious title, she had obtained a certification in a Jewish curricular program called Tal Am-a curriculum that involved integrating religious teachings into Hebrew lessons[.]
Hosanna-Tabor
interpreted federal employment-discrimination laws in light of two goals reflected in the Religion Clauses of the First Amendment. The Free Exercise Clause protects a religious body's "right to shape its own faith and mission through its appointments", and the Establishment Clause "prohibits government involvement in such ecclesiastical decisions".
It is easy to see a potential problem with a completely hands-off approach. Suppose a church insists that
everyone
on its payroll, down to custodians and school-bus
drivers, is a minister. That is not fanciful-it is what one religious group
did
assert in
Tony & Susan Alamo Foundation v. Secretary of Labor
,
The answer lies in separating pretextual justifications from honest ones. In normal Title VII litigation a court does not start with the question whether the discharge or other adverse action was caused by prejudice. It waits for the employer to articulate a reason for the discharge and then asks whether that reason is pretextual-in other words, whether it is honest. If the court finds that the reason is honest, it does not ask whether the reason is
correct
-it is enough that the employer believe its own reason in good faith. And the burden of showing pretext rests with the plaintiff. See
St. Mary's Honor Center v. Hicks
,
Pretext, and for that matter the rule of
Hosanna-Tabor
, is not something a plaintiff's complaint need address. The ministerial exception is a defense, not a component of subject-matter jurisdiction, see
Hosanna-Tabor
,
Sterlinski does not contend that the Bishop's justification for calling him a "minister" is pretextual. Sing to the Lord was issued in 2007, well before Sterlinski's discharge, and reflects a longstanding tradition; it is not an explanation hoked up for the occasion. Sterlinski does contend that his playing was "robotic" and therefore cannot have entailed the exercise of religiously salient discretion (as the selection of music might have done), but a church may decide that any organist who plays like a robot ought to be fired. Performers must put their hearts into playing, or they won't be effective. A priest who delivered the homily in a monotone would not advance the church's religious mission; no more does an organist who proclaims that he plays mechanically.
Even Hieronymus von Colloredo, the Prince-Archbishop of Salzburg who sacked Wolfgang Mozart, understood that music has a vital role in the Roman Catholic faith. After Colloredo decided that the mass, including its music, must not exceed 45 minutes, Mozart asked for leave to travel. Colloredo refused and fired him, with the insult "Soll er doch gehen, ich brauche ihn nicht!" ("He should just go then; I don't need him!"). Colloredo thought that lesser (and less demanding) musicians would suffice; he did not remove music from the mass. In 1782 he abolished instrumental music in church and severely limited accompanied music, but the organ remained. The rest of the world gained from Colloredo's decisions, as Mozart moved to Vienna and went on to produce secular masterpieces such as the Marriage of Figaro and the Jupiter Symphony , as well as two glorious masses in which the music alone exceeds 45 minutes (the Mass in C minor, K. 427/417a, and the Requiem, K. 626).
The record shows that organ playing serves a religious function in the life of Saint Stanislaus Bishop & Martyr Parish. Under the rationale of Hosanna-Tabor , Sterlinski's discharge is therefore outside the scope of Title VII.
AFFIRMED
Reference
- Full Case Name
- Stanislaw STERLINSKI, Plaintiff-Appellant, v. CATHOLIC BISHOP OF CHICAGO, Defendant-Appellee.
- Cited By
- 17 cases
- Status
- Published