Sezual Harassment at Heartland Church
Heartland Church
New Jersey employment lawyer Tayeb Hyderally litigates cases which involve sexual harassment which is just one aspect of employment law. Ty Hyderally pursued a legal career and chose employment law as his area of practice because of the wide diversity it represents. Sexual harassment has no place in the workplace and it is necessary that both employees and employers be aware of how to prevent it from occurring as well as how to deal with it when it happens. In cases which involves sexual harassment it is the employer’s responsibility to address the issue in a timely and effective manner. This will help send the message that it is not tolerated in the workplace and that it will be properly dealt with if it occurs. When an employer does not take action the situation can get way out of hand, many people’s lives be damaged and it can result in legal actions.
Heartland Presbyterian Church Pastor Sue Ann Dolquist
As a minister ordained in the Presbyterian Church, Sue Ann Dolquist served as pastor. Her allegations stated that while she had been serving her tenure, one of the church’s elders who was also the choir director had made vulgar remarks to her as well as touching her inappropriately. When she reported his conduct to the church supervisor, she was threatened with termination. The church authorities failed to deal appropriately with the situation and when she felt her work environment had become unbearable she chose to resign. After she quit, she filed a suit against the churches in federal court. She claimed that while she was employed at the church her Title VII rights had been violated. Church officials tried to argue that they had “ministerial exception” but the courts promptly denied the motion.
Sexual Misconduct
Miller, the church elder, had subjected Dolquist to degrading, oppressive, emotionally upsetting and sexually inappropriate behavior for five years which lasted from 1996 to 2001. Not only had he mistreated Dolquist, he had also engaged in the same types of inappropriate sexual behaviors with other women in the church during this time. In 2000, Miller resigned from the position of music and choir director but continued to serve in the capacity of a church elder. In 2001, the church tried to rehire Miller and reinstate him as the choir director. Dolquist immediately objected referring to his history of sexual misconduct. But in September of 2001, the church alleged that she had been engaged in sexual misbehavior similar to Miller’s and she was fired in October of that year even though her job performance had been satisfactory.
Suit Against Heartland Church
Dolquist filed five separate suits against the Heartland Presbyterian Church. These included sexual harassment, sexual discrimination, negligent infliction of emotional distress, retaliation and outrage and failure to supervise. Infliction and emotional distress and the claim for negligence were both dismissed but the courts pursued the other 3 suits. The outcome of this case will set precedent for how employees of religious institutions deal with sexual misconduct. Sexual harassment is not “okay” in any work setting including a religious one. Under ministerial exception, the church can make hiring and firing decisions and they can make decisions about minister’s duties and pay unreviewable, but it does not exempt them from protecting the rights of their employees including sexual harassment. According to previous court rulings, churches and religious organizations are not excused from being in compliance with neutral laws which are generally applicable that are not designed to purposefully burden or hamper religious exercises. Employment laws are designed to protect individuals from harassment or discrimination in the workplace no matter what type of institution it resides in.
Heartland Presbyterian Church Pastor Sue Ann Dolquist
As a minister ordained in the Presbyterian Church, Sue Ann Dolquist served as pastor. Her allegations stated that while she had been serving her tenure, one of the church’s elders who was also the choir director had made vulgar remarks to her as well as touching her inappropriately. When she reported his conduct to the church supervisor, she was threatened with termination. The church authorities failed to deal appropriately with the situation and when she felt her work environment had become unbearable she chose to resign. After she quit, she filed a suit against the churches in federal court. She claimed that while she was employed at the church her Title VII rights had been violated. Church officials tried to argue that they had “ministerial exception” but the courts promptly denied the motion.
Sexual Misconduct
Miller, the church elder, had subjected Dolquist to degrading, oppressive, emotionally upsetting and sexually inappropriate behavior for five years which lasted from 1996 to 2001. Not only had he mistreated Dolquist, he had also engaged in the same types of inappropriate sexual behaviors with other women in the church during this time. In 2000, Miller resigned from the position of music and choir director but continued to serve in the capacity of a church elder. In 2001, the church tried to rehire Miller and reinstate him as the choir director. Dolquist immediately objected referring to his history of sexual misconduct. But in September of 2001, the church alleged that she had been engaged in sexual misbehavior similar to Miller’s and she was fired in October of that year even though her job performance had been satisfactory.
Suit Against Heartland Church
Dolquist filed five separate suits against the Heartland Presbyterian Church. These included sexual harassment, sexual discrimination, negligent infliction of emotional distress, retaliation and outrage and failure to supervise. Infliction and emotional distress and the claim for negligence were both dismissed but the courts pursued the other 3 suits. The outcome of this case will set precedent for how employees of religious institutions deal with sexual misconduct. Sexual harassment is not “okay” in any work setting including a religious one. Under ministerial exception, the church can make hiring and firing decisions and they can make decisions about minister’s duties and pay unreviewable, but it does not exempt them from protecting the rights of their employees including sexual harassment. According to previous court rulings, churches and religious organizations are not excused from being in compliance with neutral laws which are generally applicable that are not designed to purposefully burden or hamper religious exercises. Employment laws are designed to protect individuals from harassment or discrimination in the workplace no matter what type of institution it resides in.