Legal Opinion
Schleicher v. Salvation Army
Court of Appeals for the Seventh Circuit
Decided February 28, 2008No. 07-1333PublishedCited by 25 opinions
1Opinion of the Court
POSNER, Circuit Judge.
The Schleichers brought suit against their former employer, the Salvation Army, charging violations of the minimum-wage and overtime provisions of the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. The district judge dismissed the suit, after an evidentiary hearing, for want of federal jurisdiction. Fed.R.Civ.P. 12(b)(1). He did so on the basis of the “ministerial exception” to federal employment statutes. See, e.g., Alicea-Hernandez v. Catholic Bishop of Chicago, 320 F.3d 698 (7th Cir.2003). The exception is better termed the “ministers exception” to avoid the…
2Cases cited9 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Employment Div., Dept. of Human Resources of Ore. v. SmithSupreme Court of the United States · 1990
- Serbian Eastern Orthodox Diocese for United States and Canada v. MilivojevichSupreme Court of the United States · 1976
- Tony and Susan Alamo Foundation v. Secretary of LaborSupreme Court of the United States · 1985
- Gloria Alicea-Hernandez v. The Catholic Bishop of Chicago, a Corporation SoleCourt of Appeals for the Seventh Circuit · 2003
4 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity CommissionSupreme Court of the United States · 2012
- Colorado Christian University v. WeaverCourt of Appeals for the Tenth Circuit · 2008
- Ann Garcia v. Salvation ArmyCourt of Appeals for the Ninth Circuit · 2019
- World Outreach Conference Center v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2009
- Fratello v. Archdiocese of New YorkCourt of Appeals for the Second Circuit · 2017
20 more not listed; retrieve them via the Exa API.