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Religious Institutions Anti-Discrimination Policies

Holland & Knight LLP

Religious Institutions Update: July 2024

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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

Holland & Knight LLP

Religious Institutions Update: January 2024

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Failure to Extend Extracurricular Opportunities to Parochial School Students Violates Free Exercise In Religious Rights Foundation of Pa. v. State College Area Sch. Dist., No. 23-CV-01144, 2023 WL 8359957 (M.D. Pa. Dec. 1,...more

Goldberg Segalla

New Jersey Supreme Court limits the LAD's reach as to religious institutions, but will it last?

Goldberg Segalla on

Key Takeaways - The New Jersey Supreme Court recently ruled that the Law Against Discrimination (LAD) contained an express exception for religious organizations that make employment decisions based on employment criteria...more

Bradley Arant Boult Cummings LLP

Separation of Church and State: The Application of the Ministerial Exception to Certain Employment Laws

It is common knowledge among many human resources professionals that religious organizations generally are protected from religious discrimination lawsuits under Title VII of the Civil Rights Act and most state...more

FordHarrison

Are Religious Organizations Subject to the Laws of Man?

FordHarrison on

In 2012, the U.S. Supreme Court confirmed the existence and applicability of the ministerial exception in employment discrimination cases. See Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171 (2012). ...more

Foley & Lardner LLP

OFCCP Signals Emphasis on “Religious Liberty” in Federal Contractor Compliance

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On August 10, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a new policy directive aimed at protecting the religious freedom of employees and ensuring a “level playing field” for...more

Holland & Knight LLP

Religious Institutions Update: June 2018 - Lex Est Sanctio Sancta

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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

Parker Poe Adams & Bernstein LLP

Religious School Does Not Have to Restrict Hiring By Faith to Claim Ministerial Exemption

In its 2012 Hosanna-Tabor decision, the U.S. Supreme Court recognized a “ministerial exemption” to employment claims brought under Title VII and the ADA. The exception allows religious employers to make what otherwise would...more

Seyfarth Shaw LLP

Watching SCOTUS – ERISA Church-Plan Exemption Revisited

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Seyfarth Synopsis: Currently before the Supreme Court are two petitions regarding the thorny legal question of which organizations can qualify for ERISA’s Church-plan exemption. If the Supreme Court grants certiorari and...more

Holland & Knight LLP

Religious Institutions: August 2015

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The decision by the United States Supreme Court on same-sex marriage has been greeted with praise and disdain by different corners of the country. The faith-based community has been especially outspoken. This is not...more

Dorsey & Whitney LLP

Utah Legislature Expands Antidiscrimination Laws to Address LGBT and Religious Rights

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Last night, the Utah House passed landmark legislation (the "Act") already approved by the Senate that modifies Utah's antidiscrimination and fair housing acts to provide protection for lesbian, gay, bisexual, and transgender...more

Stoel Rives LLP

Washington Supreme Court Holds That the WLAD Exemption for Non-Profit Religious Organizations is Unconstitutional as Applied to...

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The Washington Supreme Court has significantly limited non-profit religious organizations’ immunity from employment discrimination claims brought under the Washington Law Against Discrimination (“WLAD”), RCW 49.60. In...more

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