Cutbacks in Chaplain’s Hours, Benefits Upheld

A state appeals court has upheld Chapman University’s decision to reduce the hours and job benefits of its former chaplain, agreeing with a lower court ruling that religious institutions can take any employment action they deem necessary against their clergy.

In a decision believed to be the first of its kind in California, the 4th District Court of Appeal ruled that the reasons for Chaplain Shaunie Eminger Schmoll’s diminished duties don’t matter, because Chapman is a religious institution and the plaintiff is a religious figure.

Schmoll, who left Chapman in 1994, contended that her work hours were cut back because she reported two incidents of alleged sexual harassment relayed to her by students complaining about faculty members. Chapman contended that the pastor’s job was pared down because of budget cuts.

But firings and employment decisions in the religious realm are protected under the 1st Amendment, the appeal court ruled, upholding an earlier ruling by an Orange County Superior Court judge who dismissed Schmoll’s lawsuit without a trial.

“It matters not whether such an employment decision is based on doctrine or economics,” wrote Presiding Justice David G. Sills. “It is irrelevant whether the action involves hiring, firing or discipline or simply changes the terms and conditions of the employment. The rule is about as absolute as the law can be: The 1st Amendment guarantees to a religious institution the right to decide matters affecting its ministers’ employment, free from the scrutiny and second-guessing of the civil courts.”