June 1, 2015

To: The Membership of AFT Local 2240

From: The AFT Local 2240 Executive Council

Re: Latest Draft of the Archbishops Employee Handbook

Earlier today, Archbishop Cordileone, through the Presidents of the Four HS, distributed the latest draft of his proposed employee handbook. In advance, we want you to be informed about the concerns, which have been raised related to the Archbishops actions in this matter.

While the most inflammatory rhetoric (gravely evil) is gone, he uses language regarding the sanctity of marriage to lay out his condemnation of homosexuals, divorce, contraception, and of other choices made in ones private life.

The document also lays out that the Religious Mission of the schools is the primary goal and ties all faculty and staff to this mission academics are a secondary goal. And this has legal ramifications the courts review employers claims of ministerial exemption (an employers ability to be exempt from an employees employment and anti-discrimination protections) on a case-by-case basis. Because this language ties every faculty and staff member to the religious mission of the schools (regardless of what they teach or their particular job), this makes it easier for the employer to make a stronger claim that all faculty and staff are ministers, regardless of the fact that the term minister has been removed.

In practical terms, this means that it could be possible for the Archdiocese to terminate the employment of a faculty or staff member who, for example, divorces, utilizes in vitro-fertilization or contraception all connected to ones personal life, not their duties at school (the Archdiocese, when asked how they would treat these matters, have stated that each would be dealt with on a case-by-case basis what they have not said is that they would not discriminate based on these personal life issues). In short, it could allow the Archbishop to act in violation of state and federal employment and discrimination laws and chances are that the faculty or staff member would have no legal recourse a recourse enjoyed by other teachers and school employees across California and the rest of the country.

It is important that we understand these potential consequences so that we are well informed in our response and actions to the Archbishops campaign to transform our schools.

In Unity,

Your AFT Local 2240 Executive Council