QuoteA big part of this case was about whether churches can have immunity if they punish whistleblowers, or, in other words, whether religious employers may retaliate against employees who report discrimination to the appropriate secular authorities (such as the EEOC or its state counterparts) and/or the courts. After all, Perich was fired because she invoked her rights under the ADA. That is a classic retaliation fact pattern.
QuoteAs Justice Breyer pointed out at oral argument, there is reason enough to question whether Hosanna-Tabor's treatment of Perich was truly based on a religious belief, or just a gambit to punish her for being disabled and/or invoking her rights under the ADA.