Legal Question in Employment Law in Missouri

Church employment

The church I work at is hiring a maintenance person. A lady came to apply. I told her she is welcome to fill out an application (which is 4 pages long),but we typically hire men for that position because we also have housekeepers(ladies). I asked her if she would still like an application. She said NO! Later she called back and asked for human resources. She told the lady there she was thinking of filing a sex discrimination suit against the church. Could we possibly be in trouble for that? I know that as a church, we have the option of hiring/not hiring a person if they are a Christian or not. And, the position is working with one other man on the evening shift. I was trying to save her the trouble of filling out the long application, but did not intend to cause a problem. However, I did offer her the application. I am curious,what do you, the experts think?


Asked on 7/13/06, 5:28 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Re: Church employment

Your church may be in some trouble. As you seem to suspect, you are subject to anti-discrimination laws and ordinances, if you have the minimum number of employees. However, you also have eluded to what may be your defense. Your may be able to argue that it is church policy that christian considerations make a man and woman working alone together at night.

Before the applicant can file suit, she has to make a complaint with the EEOC or Missouri Human Rights Commission. You will have an opportunity to respond then. The facts you describe seem serious. If you get Notice that she has filed a complaint, hire an attorney before you make any kind of response.

Good Luck

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Answered on 7/14/06, 2:53 pm


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