Court Sides With Church Against Employee Who Resigned Over Cohabitation Policy

The Wisconsin Court of Appeals sided with the non-denominational Capitoland Christian Center Church, which serves as a school and daycare center to Madison families, on a lawsuit filed by a former cook who allegedly experienced "marital-status discrimination."

As per The Christian Post, the Wisconsin Court of Appeals panel composed of Judges Rachel Graham, JoAnn, Kloppenburg, and Jennifer Nashold ruled in favor of Capitoland Christian Center Church against Sandra Sandoval, who has previously signed the church's "Statement of Affirmation and Agreement" upon her employment in 2014 and who voluntarily left her job.

"After review of the record and the Hearing Examiner's Recommended Findings of Pact, Conclusions of Law and Order finding the Respondent did not discriminate against the Complainant, the Appeals Committee finds that the Hearing examiner's decision issued on May 13, 2019 is fully supported by the record. The Committee adopts and incorporates by reference as if fully set forth herein, the Hearing Examiner's Decision and Order," the Court of Appeals said.

The "Statement of Affirmation and Agreement," which is signed by all employees of Capitoland, contains various tenets of the faith the church expects staff to adhere to, such as to refrain from "co-habitation with members of the opposite gender outside of marriage," as a condition of employment.

According to the court records, Sandoval signed the said agreement in August 2014 even though she was already living with her partner. Sandoval asked the daycare director, Brenda Van Rossum, on January 15, 2015 if she could bring her partner with her to the company Christmas party that was set the next day.

Van Rossum replied that employees can only bring their spouses and children to the party, to which Sandoval reasoned that her partner is pretty much someone she is married to after living in with him for a long time. Sandoval did not bring her partner though to the Christmas party.

Having learned for the first time that Sandoval was cohabiting, Van Rossum told the church's pastor, Samuel Jake Stauffacher, about the matter during the Christmas party. Van Rossum was instructed by Stauffacher to address the matter and report back to him.

Van Rossum did speak to Sandoval about the matter but a month after their Christmas party. She reminded Sandoval of the "Statement of Affirmation and Agreement." Sandoval responded with, "It's okay, I'll be done then." The director then "encouraged (Sandoval) to come back the next day and to not just resign on the spot like that," to talk to the pastor first, and see where they would "go from there." But the cook kept saying, "'No, that's okay, I'll be done.'"

Sandoval called in the next day, February 17, that she could not come to work. She also did not report to work from February 18 to 20, during which she never called to notify her employer of her absence. She returned on February 21 only to return her key card and other items to Van Rossum. In her testimony, Sandoval acknowledged these circumstances but alleged that she was already terminated so why would she return to work.

However, the court highlighted the mere fact that Sandoval was not explicitly told she was terminated and that she even called in to notify her absence the day immediately after her discussion with the director, showed that she voluntarily left her employment. Her absence from February 18 to 20 constitutes a "no show" and gives Capitoland reason to terminate her. On her claims of marital status discrimination, this is something she agreed to from the onset and even violated from the start.

"Sandoval's noncompliance with the Agreement was ongoing, (and) Capitoland had not yet imposed any ultimatum on Sandoval," the judges stressed.

"(We) affirm the Commission's finding that Sandoval voluntarily resigned her employment with Capitoland," they added.

Sandoval first filed a complaint with the Madison Equal Opportunities Commission, who also ruled against her in May 2019. The ruling stated that Sandoval was not able to draw a connection on her being a protected class in terms of race, sex, and/or national origin and the "adverse action" of discrimination she is claiming.

The Commission similarly found that Sandoval voluntarily resigned from work and that the damages she was requesting--back pay, front pay, an unspecified amount for emotional distress--were all subject to her proving that she was discriminated against.

Alliance Defending Freedom, who represented Capitoland Christian Center Church in court, was pleased with the Court of Appeals' decision. Alliance Defending Freedom Senior Counsel Jeremiah Galus raised in a statement that the church is now free to "require employees to agree with and follow its religious beliefs" while continuing their work for the Madison community.