Sterlinski v. Catholic Bishop of Chi.

319 F. Supp. 3d 940
CourtDistrict Court, E.D. Illinois
DecidedJuly 23, 2018
DocketNo. 16 C 00596
StatusPublished
Cited by2 cases

This text of 319 F. Supp. 3d 940 (Sterlinski v. Catholic Bishop of Chi.) is published on Counsel Stack Legal Research, covering District Court, E.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sterlinski v. Catholic Bishop of Chi., 319 F. Supp. 3d 940 (illinoised 2018).

Opinion

Honorable Edmond E. Chang, United States District Judge

Plaintiff Stanislaw Sterlinski filed this suit against the Catholic Bishop of Chicago, alleging national origin discrimination and retaliation under Title VII, 42 U.S.C. § 2000e et seq. , as well as age discrimination and retaliation under the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq.1 R. 1, Compl.2 In particular, Sterlinski alleges that he was demoted from his position as a *942local parish's Director of Music because he is Polish and due to his age, and then was fired when he complained about the demotion. Id. (Count 1 ¶ 12; Count 2 ¶ 14; Count 3 ¶ 12; Count 5 ¶ 18).

Earlier in the case, the Court dismissed the initial complaint because the allegations themselves established that Sterlinski was a "minister" for purposes of the "ministerial exception"-that is, the exception to employment-discrimination laws dictated by the First Amendment's religion clauses. R. 23, 8/23/16 Opinion at 7-13. Sterlinski then filed an Amended Complaint, asserting all of the same claims, but this time alleging how the demotion affected his job duties as the church's Director of Music. R. 24, Am. Compl. (Count 1 ¶ 13). That is the only substantive difference between the original complaint and the amended one. The Catholic Bishop moved to dismiss the Amended Complaint under Federal Rule of Civil Procedure 12(b)(6), arguing that the ministerial exception still barred the claims. R. 26, Mot. to Dismiss Am. Compl. The Court granted the Catholic Bishop's motion as it pertained to Sterlinski's claims arising from the demotion , but denied it as it pertained to his firing . R. 37, 05/01/17 Opinion at 8. Instead, the Court authorized limited discovery on the issue of whether Sterlinski was a "minister" within the meaning of the ministerial exception at the time of his firing. Id. at 10. After conducting discovery on that limited issue, the Catholic Bishop moved for summary judgment, R. 44, Def.'s Mot. Summ. J., and Sterlinski cross-moved, R. 56, Pl.'s Resp. and Cross-Mot. Summ. J. For the reasons stated below, summary judgment is granted to the Catholic Bishop. Sterlinski's cross-motion for summary judgment is denied.

I. Background

The Catholic Bishop hired Sterlinski in July 1992 to serve as the Director of Music at St. Stanislaus Bishop and Martyr Parish. R. 57, PSOF ¶¶ 6-7.3 In June 2014,4 Sterlinski was demoted from a full-time position to a part-time position without benefits. Id. ¶¶ 8, 10-11. As a result of the demotion, Sterlinski's duties as Director of Music were taken away: he no longer participated in the budget process; he was not sent to Archdiocesan Music Committee activities; his access to the church became limited; he became responsible for maintaining his own music skills; he no longer taught music to the children at Polish School; and he no longer held practices for the church choirs. Id. ¶¶ 13, 30. After the demotion, Sterlinski performed only the duties of organist at church functions. Id. ¶ 25; DSOF ¶ 6. And, even as the organist, he no longer had any discretion in picking what music to perform during Mass. PSOF ¶ 27. Instead, he played music selected by the Parish Pastor, Father Dziorek, in the traditional style and manner. Id. ¶¶ 26-27. Sterlinski followed the instructions of the sheet music when playing during Mass, without any changes or improvisation. Id. ¶¶ 26, 28-29. The parties disagree on whether Sterlinski's job title changed from Director of Music to Organist after his *943demotion. R. 57, Pl.'s Resp. DSOF ¶ 5. But neither party disputes that Sterlinski was not formally ordained. R. 59, Def.'s Resp. PSOF ¶ 20. Sometime after the demotion,5 Sterlinski was fired. PSOF ¶ 14.

At this stage of the case, the key dispute is the importance of music-and, more specifically, the importance of instrumentalists-to Catholic Worship at Mass. In support of its contention that music serves a ministerial function during Mass, the Catholic Bishop relies on two sources: (1) the expert affidavit of D. Todd Williamson, the Director of the Office for Divine Worship, Archdiocese of Chicago; and (2) a document issued by the United States Conference of Catholic Bishops, entitled Sing to the Lord, Music in Divine Worship , which provides guidance and direction in all matters of Liturgical Music. DSOF ¶¶ 10-28. The Catholic Bishop argues that music and singing are integral elements of Catholic Worship, and that when music is played and sung at Mass, it becomes "sung prayer," that is, "prayer that is supported and directed by instrumental music being played." DSOF ¶ 14. 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. Id. ¶¶ 21-22. Of the instruments used during Mass, "the organ is accorded pride of place." Id. ¶ 26.

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319 F. Supp. 3d 940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sterlinski-v-catholic-bishop-of-chi-illinoised-2018.