News & Analysis as of September 21, 2024

Hiring & Firing › Religious Institutions

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Religious Institutions Update: July 2024

Holland & Knight LLP on 7/12/2024

Vaccine Exemption Policy Requiring Citation to Official Doctrine Violates First Amendment Madison Houghton and Nathan A. Adams IV In Does 1-11 v. Bd. of Regents of Univ. of Colorado, 100 F. 4th 1251 (10th Cir. 2024), former...more

Forecast: April 2022 Edition

Fisher Phillips on 4/27/2022

Welcome to FP Forecast, a monthly outlook featuring Fisher Phillips thought leaders providing their insights into what employers can expect in 2022 and beyond. By following along each month, you’ll be in the best position to...more

Seventh Circuit Issues Decision Finding Broad Scope Of Ministerial Exception; Questions Remain

Jackson Lewis P.C. on 7/13/2021

On July 9, 2021, U.S. Court of Appeals for the Seventh Circuit, sitting en banc, issued a 7-3 decision in the closely watched case Sandor Demkovich v. St Andrew the Apostle Parish, Calumet City and the Archdiocese of Chicago....more

Ministerial Exception Doesn’t Cover Christian College Professors, But Does Cover Catholic School Principals?

Sherman & Howard L.L.C. on 3/12/2021

Even after the Supreme Court’s recent decision that the so-called “ministerial exception” barred employment discrimination claims brought by a pair of Catholic school teachers, lower courts continue to wrestle with the scope...more

OWN’s Greenleaf Presents Ministerial Exception Issue

FordHarrison on 2/10/2021

Based on praise from various friends and colleagues, the lovely Mrs. Reed and I recently began watching Greenleaf, a series on the Oprah Winfrey Network (OWN) that ran from 2016 to 2020....more

Paycheck Protection Program (PPP) Information Sheet: Nonprofit Borrowers-UPDATED August 2020

Lowenstein Sandler LLP on 8/25/2020

What is the Paycheck Protection Program? The Paycheck Protection Program (“PPP”) is a loan program created by the federal CARES Act, which authorized $349 billion in forgivable loans to nonprofits, among other business...more

Religious Schools Were Permitted To Terminate Employment Of Teachers Despite Claims Of Discrimination

Proskauer - California Employment Law on 8/5/2020

Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) - Agnes Morrissey-Berru and Kristen Biel worked as elementary school teachers at, respectively, Our Lady of Guadalupe School and St....more

OFCCP Week In Review: June 2020 #3

DirectEmployers Association on 6/16/2020

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Are Your Teachers Ministers?

Fisher Phillips on 12/3/2019

Religious schools should be aware of the ministerial exception, its potential application to certain employment decisions, and the fact that courts across the country may interpret and apply it very differently. The United...more

Ninth Circuit Narrowly Construes The First Amendment’s Ministerial Exception For Religious Institution Employers

Seyfarth Shaw LLP on 7/24/2019

Seyfarth Synopsis: In Biel v. St. James School, the Ninth Circuit once again split from other circuit courts, this time by narrowly construed an affirmative defense known as the “ministerial exception” that bars claims of...more

Key California Employment Law Cases: March 2019

Payne & Fears on 5/2/2019

This month’s key employment law cases address the religious organization exemption under Title VII of the Civil Rights Act and arbitration agreements....more

Ninth Circuit and California Court of Appeals Rule on Freedom of Religion Rights

Sheppard Mullin Richter & Hampton LLP on 2/20/2019

Sauce for the goose is sauce for the gander? Not necessarily. The Ninth Circuit and California Court of Appeals recently decided two cases that substantially limit the scope and application of freedom of religion rights...more

Religious Institutions Update: January 2019 - Lex Est Sanctio Sancta

Holland & Knight LLP on 1/4/2019

Courts continue to grapple with the scope and meaning of the ministerial exception doctrine. In Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171 (2012), the U.S. Supreme Court confirmed that a...more

Religion and The Workplace (Presentation)

Jackson Walker on 11/8/2018

...more

Key California Employment Law Cases: September 2018

Payne & Fears on 10/17/2018

This month's key California employment law cases are from the California Court of Appeals and The Court of Appeals for the Ninth Circuit. Sumner v. Simpson Univ., No. C077302, 2018 WL 4579765 (Cal. Ct. App. Sept. 25, 2018)...more

Cue the Organ Music: Court Administers the Ministerial Exception to Music Minister

Bradley Arant Boult Cummings LLP on 8/7/2018

Can an organist really be considered a church minister? In a detailed and unique opinion, an Illinois federal court applied the First Amendment’s religious clauses to a church employee who claimed he had been discriminated...more

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

Holland & Knight LLP on 6/8/2018

Since 1990, the U.S. Supreme Court has expressly construed a neutral law of general applicability as consistent with the free exercise clause. Deeming Colorado's public accommodations law just such a law, the Colorado Court...more

Can a Massachusetts Religious School Refuse to Employ a Worker in a Same-Sex Marriage?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/1/2016

In Barrett v. Fontbonne Academy, the Massachusetts Superior Court curtailed various statutory and constitutional defenses available to an employer affiliated with a religious institution that faces discrimination claims under...more

The NLRB Goes Back to Church (Schools), Gets Entangled

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/2/2015

In our June 2015 blog post, “NLRB Moves to Assert Jurisdiction Over Religious Educational Institutions,” we reported that Regional Directors of the National Labor Relations Board (NLRB) were beginning to exercise jurisdiction...more

Religious Institutions: June 2015

Holland & Knight LLP on 6/18/2015

Religious institutions commonly make payments to or receive payments directly or indirectly from governmental agencies for services rendered; e.g., day cares that benefit from public scholarships, hospitals that participate...more

Spiritual Director Doesn't Have a Prayer When it Comes to Her Discrimination and Termination Claims

Hinshaw & Culbertson LLP on 2/24/2015

Religious employers can rejoice once again, as yet another court upholds the ministerial exception and dismisses an employee's discrimination and termination claims....more

Senate Passes Bill Banning Workplace Discrimination based on Sexual Orientation and Gender Identity

Baker Donelson on 11/13/2013

Yesterday, by a vote of 64 to 32, the United States Senate passed the Employment Non-Discrimination Act (ENDA), which would ban employers from firing, refusing to hire or discriminating against workers or job applicants based...more

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Hiring & Firing › Religious Institutions

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