Source: cases/42usc2000e-2/f3d-918-997-garcia-v-salvation-army.case
Case source: https://www.neochart.com/catalog/cases/f3d/volume_918/0997_01/index.html
In applying the ROE, we determine whether an institution's "purpose and character are primarily religious" by weighing "[a]ll significant religious and secular characteristics."
Because the ROE permits religious organizations to discriminate based on religion, retaliation claims based on religious discrimination fail against protected organizations because the practice "opposed" is not "unlawful."
The record establishes that, as a church, the Salvation Army is "clearly" religious.
Absent prejudice resulting from the Salvation Army's failure to timely raise the defense, however, the ROE forecloses Garcia's Title VII claims for retaliation and hostile work environment.
We hold that the ROE is nonjurisdictional and subject to procedural forfeiture.
Absent prejudice, the Salvation Army permissibly invoked the ROE at summary judgment, and it applies to foreclose Garcia's Title VII claims.
casedsl 1.2 # author: Flash2 (gemini-3.8-flash-high) # triaged-by: Fable (2026-11-10) case /f3d/918/0997-01 name Garcia v. Salvation Army cite 918 F.3d 997 (2019) # IR court field says: United States Court of Appeals for the Ninth court United States Court of Appeals for the Ninth Circuit date 2019-03-18 url catalog/cases/f3d/volume_918/0997_01/index.html source ir/caselaw/f3d_918.jsonl sha1=78159b09bbb3595af4ed80f6fcc79ef197d4f8f8 chars=35325 opinion maj : majority by Korman @0..35325 controlling law 42usc2000e-2 (a)(1); 2000e-1(a) role applied posture civil; Title VII religion-based hostile work environment and retaliation claims (plus ADA) against a church employer; summary judgment for the employer under the religious organization exemption, 42 U.S.C. 2000e-1(a), affirmed (9th Cir.) result claimant-lost theory roe-merits : the religious organization exemption (2000e-1(a)) applies to this employer and reaches these claims theory roe-forfeiture : whether the exemption is jurisdictional or was forfeited by not being pleaded element employer : not-satisfied [law] theory roe-merits route religious-organization pattern church-employer-exempt-from-religion-based-harassment-and-retaliation-claims fact @1505..1668 [supports] | In 2002, the Corps hired Garcia to work as an assistant to the pastor, a position she held until July 2010, when Arlene and Dionisio Torres became the new pastors. fact @6533..6585 [cuts-against] | The Salvation Army holds regular religious services. fact @1093..1189 [cuts-against] | Here in the United States, the Salvation Army operates through 501(c)(3) nonprofit corporations. fact @2445..2638 [cuts-against] | Three days later, Garcia filed an internal grievance of her own against Torres, claiming that she "fe[lt] discriminated against and excluded and isolated" at work ever since leaving the church. rule @5609..5786 | In applying the ROE, we determine whether an institution's "purpose and character are primarily religious" by weighing "[a]ll significant religious and secular characteristics." rule @12775..12997 | Because the ROE permits religious organizations to discriminate based on religion, retaliation claims based on religious discrimination fail against protected organizations because the practice "opposed" is not "unlawful." held @7015..7099 | The record establishes that, as a church, the Salvation Army is "clearly" religious. held @30952..31141 | Absent prejudice resulting from the Salvation Army's failure to timely raise the defense, however, the ROE forecloses Garcia's Title VII claims for retaliation and hostile work environment. gloss The exemption applied is 42 U.S.C. 2000e-1(a) (Title VII "shall not apply to an employer with respect to ... a religious corporation ..."), NOT the 2000e-2(e)(2) educational-institution exception that the law file declares as `religious-institution`. It is recorded on `employer` because the route `religious-organization` is defined as "covered employer for the claim, or exempt". Polarity is relative to the Salvation Army being a COVERED employer for these claims: religious character and the religion-based nature of the claims cut against. gloss Two rulings: (A) the Salvation Army, a church, is a religious organization (15% sales revenue does not defeat that); (B) the exemption is not limited to hiring and firing: it reaches religion-based hostile-environment and retaliation claims. ? basis: decided on an undisputed summary-judgment record with the burden on the employer; the contested questions were legal (scope of the exemption), so `law` rather than `no-evidence`. ? cites: no law-side id exists for the 2000e-1(a) exemption; a dedicated exception id would be more accurate than `employer`. element employer : not-satisfied [law] theory roe-forfeiture scope procedural route _procedural pattern exemption-not-pleaded-in-answer-but-raised-at-summary-judgment-without-prejudice fact @21331..21445 [supports] | The Salvation Army did not raise the ROE in its answer but insists that it pleaded enough to put Garcia on notice. fact @23433..23562 [cuts-against] | But as a former member of the Salvation Army's congregation, Garcia was intimately familiar with its religious focus and mission. rule @22763..22897 [quoted] | Even so, "[i]n the absence of a showing of prejudice ... an affirmative defense may be raised for the first time at summary judgment." held @30872..30951 | We hold that the ROE is nonjurisdictional and subject to procedural forfeiture. held @23981..24121 | Absent prejudice, the Salvation Army permissibly invoked the ROE at summary judgment, and it applies to foreclose Garcia's Title VII claims. gloss Procedural ruling: the district court erred in treating the exemption as jurisdictional (Arbaugh); it is an affirmative defense that must be pleaded and can be forfeited, but here the late assertion caused no prejudice, so the exemption still applies. Polarity is relative to the exemption being unavailable (i.e. the Salvation Army remaining a covered employer). element protected-class : satisfied [conceded] route religion pattern former-church-adherent fact @1875..2054 [supports] | In late 2011, Garcia and her husband "left the Church" and stopped attending the Salvation Army's religious services, but Garcia continued her work as social services coordinator. gloss Not contested and not analysed; the claim is mistreatment for having left the employer's church. misfit The hostile-environment and retaliation elements themselves are never reached: the exemption disposes of both claims. The ADA ruling is outside this statute.