Religious Schools

News & Analysis as of

District of Columbia Passes Two New Non-Discrimination Laws Impacting Employers

Earlier this week, D.C.’s Mayor signed two new measures amending the D.C. Human Rights Act (“DCHRA”) to prohibit (1) discrimination against employees of religiously-affiliated educational institutions on the basis of sexual...more

New NLRB Determination Makes It Easier For Unions To Organize Faculty At Universities And Colleges

In still another break with long-standing precedent, the National Labor Relations Board (NLRB) has once again eased the way for union organizing – this time for unions seeking to organize faculty at private sector...more

Year in Review: NLRB Edition

With the new year upon us, we have rounded up some of the most important NLRB decisions of 2014. By all accounts, the NLRB was as active as ever in 2014. Its decisions and rulemaking will preoccupy HR and LR professionals in...more

Higher Education Alert: NLRB Announces Two New Standards Favorable to Faculty Unions

In Pacific Lutheran University, 361 NLRB No. 157, a case that had been watched closely by the higher education community, the National Labor Relations Board issued a 3-2 decision the week before Christmas announcing new...more

Higher Education Alert: NLRB Trend in Easing Unionization Continues with Recent Decision

The National Labor Relations Board issued a 3-2 decision last month in Pacific Lutheran University, 361 NLRB No. 157, in which it significantly modified the standards for determining: (1) whether college or university faculty...more

Religious Institution - January 2015

Experience over the last couple decades teaches that religious institutions face as much or perhaps more liability than secular organizations and, therefore, need to take risk management seriously. From operating their own...more

NLRB Issues Significant Decision on Faculty Unionization

The National Labor Relations Board (Board) recently ruled that it would assert jurisdiction over Pacific Lutheran University's (PLU’s) full-time contingent faculty members. In the context of a union's attempt to organize...more

NRLB Significantly Alters Framework for Analyzing Jurisdiction over Private College and University Faculty

Recently, the National Labor Relations Board (NLRB) issued its decision in Pacific Lutheran University and Services Employees International Union (Pacific Lutheran). In a ruling that could expand union formation among faculty...more

The NLRB’s Busy Holiday Season

The National Labor Relations Board has been busy this holiday season. In the last few weeks, the Board has pushed ahead with its “quickie election rules” and changed the analysis it uses to determine whether to assert...more

The National Labor Relations Board Strikes Again – How Managerial Are Your Faculty and How Religious Is Your Institution?

In the latest example of dramatic changes to well-developed principles of federal labor law and policy, the National Labor Relations Board (“NLRB” or “Board”) issued its long awaited decision in Pacific Lutheran University,...more

Kennesaw Reverses Course and Approves Mosque

Earlier this month, we reported that Kennesaw, Georgia’s City Council voted 4 to 1 to deny a land use application by Suffa Dawat Center (the “Center”) to establish an Islamic place of worship and education center in a retail...more

St. Michael, Minnesota’s Cinemagic Theater: Riverside Church’s New Home? No, Says City Council

The City of St. Michael, Minnesota, after several months of negotiations, has denied Riverside Church’s application to modify the City’s General Business Zoning District (“GBD”). The zoning amendment would have allowed...more

California Public Policy Prohibits Employer Retaliation Based on Mistaken Belief That Employee Engaged in Whistleblowing Activity

In Diego v. Pilgrim United Church of Christ (November 21, 2014) --- Cal. App. 4th ---), the California Fourth District Court of Appeal considered whether California public policy precludes employers from retaliating against...more

Federal Court Enters Injunctive Order Against Bayview, Texas in RLUIPA Suit Filed by Church

We previously reported on the case Cornerstone Church by the Bay v. Town of Bayview, Texas, in which the Church and the Laguna Madre Christian Academy are suing the Town (population approx. 400) under the Religious Land Use &...more

New RLUIPA Suit Accuses Two New York Municipalities of Anti-Semitism

The Village of Bloomingburg, NY (Village) and the Town of Mamakating, NY (Town) are facing allegations of religious discrimination in land use regulation. On September 8, 2014, the Bloomingburg Jewish Education Center,...more

Supreme Court Declines to Hear Liberty University’s Challenge to Affordable Care Act Suit

As reported by multiple sources on Monday, the U.S. Supreme Court declined to wade into the constitutionality of the Affordable Care Act’s (ACA) employer mandate. Liberty University, a Christian university in in Lynchburg,...more

Labor Board Poised to Enable Union Organizing of Faculty, Workforce at Private Religious Schools

The National Labor Relations Board (NLRB) appears ready to extend its jurisdiction over certain private and religious schools that were previously thought exempt from the NLRB’s reach. If it does assert jurisdiction in these...more

Religious Institutions Update - November 2013

Diminished donations have led many faith-based organizations to become more creative about increasing revenue. Sometimes these organizations look beyond ordinary ministry functions to supplement income with unrelated...more

Court Scrutinizes Custodial Parent’s Decision to Send Daughter to Catholic High School

A New Jersey man of the Jewish faith sought to enjoin his ex wife from enrolling their teenage daughter in a Catholic high school. Phillips v. Emerson, No. A-0737-12T2 (App. Div. June 5, 2013). The couple was divorced in...more

Religious Institutions: June 2013

Do you know a "place of public accommodation" when you see it? Federal, state and sometimes local laws entitle persons to the full and equal employment of the goods, services, facilities, privileges, advantages and...more

Religious Institutions Update: March 2013

In this Issue: - Key Cases - Court Upholds Permitting, Licensing and Zoning Regulation of Spiritual Counselors - Non-Liturgical Navy Chaplains Denied Injunctive Relief for Statistical Imbalance in...more

Woman Files Lawsuit Against Christian School Alleging Pregnancy Discrimination

Teri James, a former employee of San Diego Christian College in El Cajon, recently filed a wrongful termination lawsuit against the educational institution for allegedly firing her from her position as a financial aid...more

Christian School Files Lawsuit Against Former Teachers

The Little Oaks Private School, a Christian school based in Thousand Oaks, California, recently filed a lawsuit against two of its former teachers after they threatened a lawsuit. The teachers were fired last August when they...more

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