Judge Cuts Scope of Focus on Family Suit : Ministry: Ex-employee can sue religious group on invasion of privacy and emotional distress issues.

The former co-host of James Dobson’s Focus on the Family radio program cannot sue Dobson and his organization for being fired, but he can sue for invasion of privacy and infliction of emotional distress, a Pomona Superior Court judge has ruled.

Both sides in the acrimonious dispute claimed a partial victory after Judge Theodore Piatt ruled last week on dismissal motions made by attorneys for Dobson and Focus on the Family.

Gilbert Alexander-Moegerle and his wife, Carolyn, filed suit nearly two years ago charging that they lost their jobs at Focus on the Family--a multimillion-dollar media ministry that promotes conservative Christian values--because they announced plans to marry shortly after his divorce. They said Focus officials demanded their resignations because their marriage could create a scandal, costing the Pomona-based organization millions of dollars in contributions.

Judge Piatt said the Alexander-Moegerles clearly resigned and cannot sue for illegal termination. In addition, he said, such employment issues as whether the Alexander-Moegerles were treated more harshly than other divorced employees are beyond the court’s scope because Focus on the Family is a religious organization whose internal workings are not subject to court scrutiny.

Piatt threw out Carolyn Alexander-Moegerle’s suit altogether.

But Piatt said other allegations by Gilbert Alexander-Moegerle, including a claim that Dobson invaded his privacy by talking to his first wife and their therapist about their marriage, raise issues that should go to trial.

Piatt said Dobson and Focus on the Family are alleged to have engaged in conduct that “is not part of the normal employer-employee relationship: invasion of privacy, interference with economic advantage, mental distress. The conduct, if true, implies a vindictiveness which exceeds any dispute over moral standards.”

Alexander-Moegerle charges in his lawsuit that Dobson and Focus on the Family cost him a book contract, hindered his efforts to find employment and caused him humiliation and embarrassment.

In court declarations, Dobson said he tried to save Alexander-Moegerle’s first marriage by referring the couple to the best therapist he knows. But the marital difficulties continued and Alexander-Moegerle in 1985 left Dobson’s radio program, which has an estimated 1 million listeners, to take a less visible job working on Focus on the Family films.

In 1987, Alexander-Moegerle announced plans to marry Carolyn, his former secretary, who was then working in the organization’s listener services department. Dobson said in a declaration that the conduct of the two was “grossly inconsistent with the value of permanent marriage as espoused by Focus on the Family” and “threatened to destroy the organization’s credibility.” He said the pair recognized the problem and resigned voluntarily.

Gilbert Alexander-Moegerle said he did not meet Carolyn until after his first marriage had failed and that there was no impropriety in their relationship. He said that they signed letters of resignation because they were given no other choice.

Alexander-Moegerle said he is gratified that at least part of his dispute with Dobson and Focus on the Family will go to trial. He said the judge “characterized the evidence in a way that is very reassuring.”

His attorney, David Warren, said he will file appeals seeking to reinstate the employment issues in his suit and to reinstate Carolyn’s suit.

Meanwhile, attorney Leonard Hampel, representing Dobson and Focus on the Family, said that he, too, was pleased by Judge Piatt’s ruling. “Carolyn’s case is over,” he said, “and the other is greatly reduced in magnitude.”

Dobson, who recently suffered a heart attack and is recuperating at home, issued a statement. “I am thankful the judge recognized our legal position in this case,” he said. “When evidence is presented, we will prevail on the remaining issues in Gil’s case. Nevertheless, we continue to bring these matters before the Lord, and extend our regards to the Alexander-Moegerles. It is our sincere hope we can harmonize our relationship in the days ahead.”

Attorneys said they expect the case to go to trial early next year.