CHICAGO - A federal judge has closed the book on age and nationality discrimination allegations brought against the Catholic Bishop of Chicago by a Polish former parish music director, as the judge said the music director and organist should be considered a "ministerial" employee, and thus exempt from certain anti-discrimination employment rules.
On July 23, U.S. District Judge Edmond Chang granted summary judgement in favor of the Catholic Bishop in the employment discrimination lawsuit brought by Stanislaw Sterlinski.
Sterlinski, the former music director for the St. Stanislaus Bishop and Martyr Parish, claims he was demoted and then fired based on his age and because he was Polish.
The opinion said Sterlinski began working for the parish in July 1992. In June 2014, at age 68, he was demoted from a full-time position to a part-time one with no benefits. In 2016, Sterlinski filed a complaint claiming he was fired after he complained about the demotion.
His complaint had previously been dismissed without prejudice after a court ruled that the so-called "ministerial exception" under the First Amendment prevented the case from moving forward. The bishop claimed that Sterlinski’s position was that of a minister.
Grounded in the First Amendment's prohibition against government interference in the free exercise of religion, the ministerial exception federal legal principle shields churches and other religious organizations from most anti-discrimination provisions when hiring and firing employees who serve a "ministerial" function.
However, Judge Chang opened the door for Sterlinski to move forward with his case after he ruled the ministerial exception did not apply to the issue of firing, as Sterlinski had been demoted from a music director position, not a minister job.
The bishop argued that the exception should apply because music is a central component of the Roman Catholic Mass.
“According to the Catholic bishop, all musicians at Mass - including the organist - 'exercise a genuine liturgical ministry’ by leading and sustaining the assembly’s sung prayer,” Judge Chang said.
However, Sterlinski disagreed with that classification.
“As an organist with no discretion in what music was played or how he played it, Sterlinski contends that his role was neither necessary nor ministerial - and in fact could be replaced with recorded music," Chang wrote.
The judge, however, said he was inclined to agree with the bishop, based on the evidence.
“There is only so much that a federal court may do in questioning a church’s view of its own religious doctrine,” the judge wrote. "The ministerial exception applies and Sterlinski’s suit cannot proceed."
Sterlinski is represented in the case by attorney Barry A. Gomberg, of Barry A. Gomberg & Associates Ltd., of Chicago.
The Catholic Bishop of Chicago is represented by attorneys Alexander D. Marks and James C. Geoly, of the firm of Burke, Warren, MacKay & Serritella P.C., of Chicago.