Age and Disability Discrimination

Key point 2-04.1. Most courts have concluded that they are barred by the First Amendment guarantees of religious freedom and non-establishment of religion from resolving challenges by dismissed clergy to the legal validity of their dismissals.

* A New Mexico court ruled that it was barred by the First Amendment guaranty of religious freedom from resolving a rabbi's claim that a synagogue unlawfully dismissed him on the basis of his age and Parkinson's disease. A Jewish synagogue hired a rabbi (David) for a term of thirty years. During the term of his employment David developed Parkinson's disease and his symptoms became progressively more apparent. His wife was diagnosed with breast cancer, and some of the synagogue's board members came to believe that her condition distracted David from his rabbinical duties. David claimed that the synagogue had engaged in an "ouster campaign" against him ...