Legal Opinion

Guy Demarco v. Holy Cross High School

Court of Appeals for the Second Circuit

Decided September 1, 1993No. 1052, Docket 92-7914PublishedCited by 159 opinions

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…

2Cases cited30 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
  3. St. Mary's Honor Center v. HicksSupreme Court of the United States · 1993
  4. Lemon v. KurtzmanSupreme Court of the United States · 1971
  5. Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990

25 more not listed; retrieve them via the Exa API.

3Cited by159 opinions

  1. Cynthia J. Fisher, Plaintiff-Appellee-Cross-Appellant v. Vassar College, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1997
  2. Equal Employment Opportunity Commission and Elizabeth McDonough v. The Catholic University of AmericaCourt of Appeals for the D.C. Circuit · 1996
  3. Barefoot v. Sundale Nursing HomeWest Virginia Supreme Court · 1995
  4. Saenger v. Montefiore Medical CenterDistrict Court, S.D. New York · 2010
  5. Cynthia J. Fisher, Plaintiff-Appellee-Cross-Appellant v. Vassar College, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1995

154 more not listed; retrieve them via the Exa API.

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