United States Supreme Court
Ian Scharfman was contacted by the Anti-Defamation League (ADL) to prepare an amicus curiae brief for The Supreme Court of The United States, to be presented in the Court’s 2011 session.
(An amicus curiae brief is a legal document provided to the court by a third party who is not a party to that specific case, but whose legal opinion is intended to assist the court in making a ruling. Amicus curiae means “friend of the court”.)
The ADL is an international organization that fights anti-Semitism and all forms of bigotry, defends democratic ideals, and protects civil rights for all.
The ADL recognized Scharfman’s expertise in employment law, and contacted him in 2011 to prepare the brief on their behalf.
The case is Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, et al., and it involves the right of a teacher to bring a claim against her religious employer under the Americans with Disabilities Act.
Scharfman’s brief argues that First Amendment guarantees cannot be used to provide religious employers with blanket immunity, with certain exceptions, and that the right of the plantiff to have her case heard on its merits must also be protected.
Download the Amicus Brief