Henry

Plaintiff Sara Henry sued Red Hill Evangelical Lutheran Church of Tustin (sometimes the church) for wrongful termination under the California Fair Employment and Housing Act (Gov. Code, 1 § 12900 et seq.; the FEHA) and for wrongful termination in violation of public policy based upon her termination from the Red Hill Lutheran School (the school) for living with her boyfriend and raising their child together without being married. The trial was bifurcated with the church’s defenses to be tried first to the court. The court held the ministerial exception applied and entered judgment in favor of the church. We affirm and hold (1) Henry’s claim of wrongful termination under the FEHA is barred because the church does not qualify as an “employer” under the FEHA; (2) Henry’s employment was terminated for religious reasons for which the church and school are exempt under title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.; Title VII); and additionally, (3) her claim for wrongful termination in violation of public policy is barred by the ministerial exception.

I

FACTS

The Red Hill Evangelical Lutheran Church of Tustin was incorporated in California in 1957. It…