Written by Don Byrd
The U.S. Supreme Court’s ruling in Hosanna-Tabor may receive its first serious test of application in a new lawsuit filed against the Southern Baptist Convention and International Mission Board. Ron Nollner claims he was fired from his IMB job overseeing the construction of a building in India after he reported violations of safety regulations and bribery of licensing officials. Among the Mission Board’s many arguments in response is a claim of immunity from employment-related lawsuits as a religious organization, citing Hosanna-Tabor.
In its court filings, the International Mission Board makes a point of asserting that the Nollners were hired as missionaries and performed religious functions. The Nollners’ attorneys, however, argue that their case shouldn’t be tossed out based on the Hosanna-Tabor decision.
“We feel real confident … that we would not be subject to that exception,” Payne said. “Mr. Nollner was sent over there for a construction-based assignment, no doubt. The predominant feature was work, not preaching or evangelizing or anything like that.
The Hosanna-Tabor ruling did grant a somewhat broad latitude to religious organizations in the hiring, firing, and definition of “ministerial” positions. Its opponents argued that opinion may leave without a remedy employees of religious organizations who are fired for reporting improper or criminal activity. Depending on how the facts and the procedure plays out, this case just may give a judge an early look at just that scenario.
