DeMarco v. Holy Cross High School
| DeMarco v. Holy Cross High School | |
|---|---|
 |
|
| Court | United States Court of Appeals for the Second Circuit |
| Full case name | Guy DeMarco v. Holy Cross High School |
| Decided | September 1, 1993 |
| Citation(s) | 4 F.3d 166 (2nd Cir. 1993) |
| Case opinions | |
| Unanimous: Walker | |
| Court membership | |
| Judge(s) sitting | John M. Walker, Jr., Joseph M. McLaughlin, and Thomas P. Griesa |
This is an employment discrimination case brought under the ADEA (Age Discrimination in Employment Act of 1967). The appellant, Guy DeMarco, was released from employment prior to his eligibility for tenure at the age of forty-nine. Holy Cross High School argued that it was not subject to ADEA laws, and if it were that this case against it was in violation of the Free Exercise Clause and the Establishment Clause of the First Amendment. The defendant also argued that the plaintiff failed to utilize the administrative remedies available.
Citation: 4 F.3d 166 (2nd Cir. 1993)
Appellee: Holy Cross High School
Appellant: Guy DeMarco
Guy DeMarco was employed by Holy Cross High School (Queens) as a math instructor starting in 1985. Although he was a lay instructor, he also led the class in morning prayer and took the students to mass. Under the terms of his contract of employment, his employment was to last five years with the option to extend that employment in five-year increments at the discretion of the employer. Upon completing his first five-year term of service, appellant was advised that a contract renewal would not be offered to him. At the end of the school, he left the employment of the appellee. He then sued under the Age Discrimination in Employment Act alleging age played a role in the decision which the school denied.
A complaint was filed with the Equal Employment Opportunity Commission. The complaint alleged violation of the Age Discrimination in Employment Act. The EEOC subsequently determined that no violation of the ADEA had occurred.
A lawsuit was filed in the United States District Court for the Eastern District of New York, alleging age discrimination. The appellee filed a motion for summary judgment, claiming that the non-renewal of the appellant's contract was due to performance issues. Specifically, it was claimed that the appellee did not begin his classes with prayer or attend mass with his students. The appellant argued that summary judgment would be appropriate because enforcement of labor statutes against religious organizations was unconstitional under the establishment clause of the First Amendment. The district court granted summary judgment.
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