Legal Question in Employment Law in Michigan

Family Status discrimination

My parish is an ecclesiastical corporation incorporated in Michigan. The congregation's bylaws establishes an affiliated with the Russian Orthodox Church Outside of Russia (ROCOR). The clergy serving at the parish must be ordained by the standards established and governed by the ROCOR jurisdiction. The parish can be involved in recommending what individual it prefers as rector, but the ultimate decision of the rector resides with ROCOR's ruling Bishop. The congregation's role is to provide compensation, which is approved by the Ruling Bishop. The parish was been offered two candidates for rector. One is a monk and the other is a married man with 6 children. The parish council desires to pay a single priest less than a married priest with a family. Is it OK for our church to offer differ cash amounts based on family circumstances, without placing itself at risk of a lawsuit?


Asked on 7/03/01, 7:47 pm

1 Answer from Attorneys
Stephen Scapelliti Law Office of Stephen Scapelliti, Esq.

Re: Family Status discrimination

An employer is prohibited from discriminating on the basis of marital status. In fact, employers may not inquire as to the marital status of a candidate, nor as to whether the candidate has children.

Accordingly, it would be a violation of civil rights laws to offer differing compensation rates to two candidates solely on the basis of their dependents. Although compensation may be based on a variety of job-related factors, marital status or family status may not be one of them. It may be helpful to review with your attorney the relative duties for the two positions and to address other factors, such as availability of other candidates and immediacy of need to fill the positions.

This response is not intended as legal advice. Your rights and obligations will depend upon the particular facts and circumstances affecting this matter. You should consult an attorney in your area to discuss all of the relevant facts and circumstances. No attorney/client relationship is created as a result of this response.

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Answered on 7/11/01, 9:21 am


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