Title VII Violation

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7^th Circuit Court of Appeals

Case Name: Stanislaw Sterlinski v. Catholic Bishop of Chicago

Case No.: 18-2844

Officials: EASTERBROOK, SYKES, and BRENNAN, Circuit Judges.

Focus: Title VII Violation

Saint Stanislaus Bishop & Martyr Parish in Chicago hired Stanislaw Sterlinski in 1992 as Director of Music. In 2014 the Parish’s priest (Anthony Dziorek, C.R.) demoted Sterlinski to the job of organist and in 2015 fired him outright. He contends in this employment discrimination suit against the Bishop of Chicago that the Parish held his Polish heritage against him. Until his demotion he could have been fired for any reason, because as Director of Music he held substantial authority over the conduct of religious services and would have been treated as a “minister” for the purpose of Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, 565 U.S. 171 (2012), which holds that Title VII of the Civil Rights Act of 1964 does not apply to ministers. But as organist, Sterlinski says, he was just “robotically playing the music that he was given” and could not be treated as a minister. The district court disagreed with this proposed distinction between music-related positions and granted summary judgment to the Bishop. 319 F. Supp. 3d 940 (N.D. Ill. 2018).

The record shows that organ playing serves a religious function in the life of Saint Stanislaus Bishop & Martyr Parish. Under the rationale of Hosanna-Tabor, Sterlinski’s discharge is therefore outside the scope of Title VII.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.