Spencer v. World Vision, Inc., C07-1551RSM.

CourtUnited States District Courts. 9th Circuit. United States District Court (Western District of Washington)
Citation570 F.Supp.2d 1279
Docket NumberNo. C07-1551RSM.,C07-1551RSM.
PartiesSylvia SPENCER, Vicki Hulse, and Ted Youngberg, Plaintiffs, v. WORLD VISION, INC., Defendant.
Decision Date21 May 2008
570 F.Supp.2d 1279
Sylvia SPENCER, Vicki Hulse, and Ted Youngberg, Plaintiffs,
v.
WORLD VISION, INC., Defendant.
No. C07-1551RSM.
United States District Court, W.D. Washington, at Seattle.
May 21, 2008.

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Judith A. Lonnquist, Seattle, WA, for Plaintiffs.

Daniel John Ichinaga, Steven Thomas O'Ban, Ellis Li & McKinstry, Seattle, WA, for Defendant.

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

RICARDO S. MARTINEZ, District Judge.


I. INTRODUCTION

This matter is before the Court for consideration of Defendant's motion for summary judgment. Dkt. # 6.1 Defendant asserts that as a religious organization it is exempt from the religious discrimination provisions of Title VII. Plaintiffs oppose the motion, contending that Defendant does not qualify as a religious organization and is not exempt. The Court heard oral argument on this motion on May 7, 2008, and has fully considered the parties' arguments, exhibits, and the balance of the record. For the reasons set forth below, the Court shall GRANT Defendant's Motion for Summary Judgment.

II. PROCEDURAL HISTORY

This suit for employment discrimination was filed by Sylvia Spencer, Vicki Hulse, and Ted Youngberg ("Plaintiffs") against World Vision, Inc. ("Defendant")2 on October

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2, 2007. On October 17, 2007, Plaintiffs filed an amended complaint, alleging that they were discharged because of their religious beliefs in violation of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-1. Dkt. # 5, Complaint ¶¶ 4.2, 4.3.

On November 6, 2007, before answering, Defendant filed a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6), arguing that Defendant is exempt from religious discrimination claims under Title VII. Defendant attached to its motion to dismiss the affidavit of a corporate officer and various corporate documents that Defendant asserted demonstrate its eligibility for the religious organization exemption of Title VII. Declaration of Julie Regnier; Regnier Decl. Exs. A-ZZ.

In their November 8, 2007, motion to continue per CR 56(f), Plaintiffs contended that Defendant, by filing exhibits that go beyond the pleading, converted the motion to dismiss into a motion for summary judgment. By Order dated November 28, 2007, this Court granted Plaintiffs motion to continue its discovery and converted Defendant's motion to dismiss into a motion for summary judgment pursuant to Fed.R.Civ.P. 56. This motion was continued until February 29, 2008 to allow this discovery. This motion is now ripe for disposition.

III. DISCUSSION

A. Factual Background

Defendant World Vision, Inc. is a nonprofit Christian humanitarian organization, which provides aid and services "to the world's poorest children and families." Regnier Decl. ¶ 3. Plaintiff Spencer was employed by Defendant as a Tech-Support Telecom Specialist from August 15, 1995 until November 14, 2006. Plaintiff Hulse was employed by Defendant as an Administrator/Coordinator from August 7, 1997 until November 14, 2006. Plaintiff Youngberg was employed by Defendant in various capacities, including as a Project Manager, from January 2005 until November 14, 2006.

Founded in 1950 by Dr. Robert Pierce, Defendant declares its mission is to be an "outreach of Christians concerned for the physical and spiritual well-being of people throughout the world ... dedicated to serving God by serving man through six basic ministries." Regnier Decl. ¶ 3; see also Regnier Decl. Ex. A at 25. These ministries include: (1) caring for children in need, (2) building self-reliance among the needy, (3) emergency aid and relief, (4) evangelism, (5) strengthening Christian leadership, and (6) educating Americans about the needs of the suffering around the world. Regnier Decl. ¶ 3; see also Regnier Decl. Ex. A at 25-26.

In June 1978, World Vision International was established. Regnier Decl. Ex. A at 29. Located in Monrovia, California, World Vision International is a federation of national level entities, including entities that are either fully independent with separate boards and management or evolving to independent status with boards comprised of World Vision International staff. Regnier Decl. ¶ 4. As the umbrella organization, World Vision International provides corporate direction and operational support to overseas national entities. Regnier Decl. ¶ 4; see also Reigner Decl. Ex. A at 28.

Defendant is one of World Vision International's independent national entities. Regnier Decl. ¶ 5. Throughout the declarations and exhibits, Defendant has been referred to variously as World Vision, Inc.

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(U.S.), World Vision United States ("WVUS"), and simply as World Vision. Regnier Decl. Ex. A at 26, 29; Regnier Decl. ¶ 2; Regnier Decl. Ex. A at 25, 31; Regnier Decl. Ex. A at 29.3 For purposes of this Order, these entity variations will not be utilized, and Defendant will be referred to as "Defendant," meaning World Vision, Inc.

Defendant is a California nonprofit corporation with principal offices in Washington State. Regnier Decl. Ex. OO. Defendant raises funds in the United States; collects and prepares resources for overseas ministries and disaster relief; operates domestic humanitarian programs; and educates Americans, primarily through local churches, about the needs of the poor. Regnier Decl. ¶ 5.; see also Regnier Decl. Ex. A at 26. Defendant employs 1,200 individuals in 27 states. See Regnier Decl. ¶ 6. On the "Careers" page of its website, prospective employees are informed that:

Who we are:

Motivated by our faith in Jesus, we serve the poor as a demonstration of God's unconditional love for all people. Our faith is at the heart of all we do. Foundational to our work is the commitment to a shared faith by staff, volunteers and interns, and a common understanding of how that faith is lived out day-to-day.

Regnier Decl. Ex. D.

Defendant's offer letter to prospective employees references a Bible verse and includes the Statement of Faith and Organizational Commitment. Regnier Decl. ¶ 10; Regnier Decl. Ex. K. The Statement of Faith, as stated in Defendant's articles of incorporation, can also be found on the "Careers" page of its website. Regnier Decl. ¶ 11; Regnier Decl. Ex. E. Upon hiring, every employee is required to acknowledge receipt and agreement, in writing, with the World Vision Statement of Faith, Apostles Creed, core values, mission statement, and vision statement. Regnier Decl. ¶ 10. Plaintiffs acknowledged receipt of these documents and confirmed that they "subscribe[d], wholeheartedly to the principles inherent" in the documents. Regnier Decl. Exs. L, M, N.

In 2006, however, Plaintiffs discontinued their attendance at daily devotions and weekly chapels held during the workday. Regnier Decl. ¶ 15. Each Plaintiff was then interviewed, at which time Defendant asserts that Plaintiffs denied the deity of Jesus Christ. Id.; see also Regnier Decl. Ex. R. Plaintiffs were terminated on or about November 15, 2006. Regnier Decl. ¶ 15. Based on these events, Plaintiffs filed employment discrimination charges based on religious discrimination, and then brought the instant lawsuit.

B. Legal Standard

The purpose of summary judgment is to identify and dispose of factually unsupported claims and defenses. See Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Summary judgment is proper "if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c).

The moving party has the initial burden of demonstrating the absence of a genuine

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issue of fact for trial by "identifying those portions of `the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,' which it believes demonstrate the absence of a genuine issue of material fact." Celotex Corp., 477 U.S. at 323, 106 S.Ct. 2548. If the moving party satisfies this burden, the opposing party must then show there is a genuine issue of fact for trial. Fed. R.Civ.P. 56(e); Matsushita Elect. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). A dispute about a material fact is genuine if there is sufficient evidence for a reasonable jury to return a verdict for the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). On a motion for summary judgment, the court neither determines credibility nor decides the truth of the matter. Id. Rather, the court draws all justifiable inferences from the admissible evidence in the light most favorable to the nonmoving party. See id. at 255, 106 S.Ct. 2505.

C. Title VII's "Religious Organization" Exemption

Title VII of the 1964 Civil Rights Act makes it unlawful for an employer "to discharge any individual, or otherwise to discriminate against an individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin...." 42 U.S.C. § 2000e-2(a)(1). However, "[i]n recognition of the constitutionally-protected interest of religious organizations in making religiously-motivated employment decisions" and to prevent excessive government entanglement, Congress declared that religious organizations are exempt from Title VII's prohibition against discrimination in employment on the basis of religion. Hall v. Baptist Mem'l. Health Care Corp., 215 F.3d 618, 623 (6th Cir. 2000). The exemption provides: "This sub-chapter shall not apply ... to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities."4 42 U.S.C. § 2000e-1(a).

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3 cases
  • Spencer v. World Vision Inc.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • January 25, 2011
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    ...to World Vision, concluding that it was a religious entity within the meaning of 42 U.S.C. § 2000e-1. Spencer v. World Vision, Inc., 570 F.Supp.2d 1279, 1280 (W.D.Wash.2008). In making this determination, the district court decided that the factors discussed in EEOC v. Kamehameha Schools/Bi......
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    ...and pertinent issues affecting its applicability to certain claims. 546 F.Supp.2d at 1024; see also Spencer v. World Visions, Inc., 570 F. Supp. 2d 1279, 1281 (W.D. Wash. 2008). New Orleans, Louisiana, this 20th day of March, 2019. /s/_________ SENIOR UNITED STATES DISTRICT JUDGE 1. NO Miss......

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