records show Cheryl Perich went on medical leave for narcolepsy in 2004 . When she tried to return several months later to the Hosanna-Tabor Evangelical Lutheran Church and School , officials refused to accept her , saying a substitute had been hired to complete the school year . After weeks of often acrimonious discussions between her and the school , Perich was fired for insubordination and `` regrettable '' conduct toward church leaders . She then complained to the federal Equal Employment Opportunity Commission , which sued the church on her behalf . Federal courts have upheld an exception in the Americans with Disabilities Act blocking government intrusion in the employment decisions between religious institutions and ministerial workers . The church said Perich was just such an employee and therefore the institution could not be sued . Perich had been hired five years earlier , and eventually became a `` called '' teacher , meaning she could not be fired without cause . Assigned to third and fourth grades , she led instruction in math , language arts , social studies , gym and music , with much of the curriculum identical to that of the local public schools .
Washington -LRB- CNN -RRB- -- Few issues divide the Supreme Court -- and the country at large -- more than church-state matters , and arguments before the Supreme Court on Wednesday involving a workplace discrimination lawsuit against a Lutheran church proved especially touchy . At issue is whether the Americans with Disabilities Act applies to hiring and firing decisions involving `` ministerial employees '' like teachers who may have primarily secular job duties . The justices appeared at odds over whether this is substantive discrimination or simple retaliation against a Michigan teacher , after she complained to government authorities over her treatment on the job . `` You 're asking for an exemption -LRB- to lawsuits -RRB- so these issues ca n't even be tried '' in a government hearing on the merits , said Justice Anthony Kennedy . `` She was fired simply for asking for a hearing . '' `` It 's none of the business of the government to decide what the substantial interest of the church is , '' countered Justice Antonin Scalia . `` There , in black and white in the text of the Constitution , are special protections for religion . '' Court