Equal Employment Opportunity Commission v. Kamehameha Schools/bishop Estate

I. Overview.

Bernice Pauahi Bishop was a member of the Hawaiian royal family and, at the time of her death in 1884, the largest landowner in Hawaii. Mrs. Bishop’s will provided that the bulk of her estate should be placed in a charitable trust “to erect and maintain in the Hawaiian Islands two schools, each for boarding and day scholars, one for boys and one for girls, to be known as, and called the Kamehameha Schools.” Mrs. Bishop’s will also directed that “the teachers of said schools shall forever be persons of the Protestant religion.”

Carole Edgerton, who is not a Protestant, contacted the Schools to apply for an advertised position as a substitute French teacher. Edgerton was informed of the Protestant-only requirement and filed a charge of religious discrimination with EEOC. EEOC attempted conciliation, but the Schools informed the Commission they were bound by Mrs. Bishop’s will.

EEOC filed suit, alleging religious discrimination in employment in violation of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(l). The Schools conceded Mrs. Bishop’s will requires discrimination in employment contrary to § 2000e-2(a)(l), but sought to bring themselves within three…