Guy Demarco v. Holy Cross High School
Court of Appeals for the Second Circuit
1Opinion of the Court
WALKER, Circuit Judge:
This appeal raises the question of whether the Age Discrimination in Employment Act of 1967 (the “ADEA”), 29 U.S.C. §§ 621-34, applies to an action brought by a lay teacher against his parochial school employer.
BACKGROUND
Beginning in September of 1985, plaintiff-appellant Guy DeMarco was employed as a math teacher by defendant-appellee Holy Cross High School, a Catholic parochial school which has in excess of twenty employees. Although a layperson, DeMarco had certain religious duties, including leading his students in prayers and taking them to Mass. DeMarco was…
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