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Hiring & Firing › Religious Schools

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... more +
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 -
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

Cole Schotz

New Jersey Supreme Court Says Religious School Can Fire Teacher for Having Premarital Sex

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On August 14, 2023, the New Jersey Supreme Court issued an opinion in Crisitello v. St. Theresa School finding in favor of a catholic school that was sued for pregnancy and marital-status discrimination by a former teacher...more

Fisher Phillips

New Jersey Supreme Court Sides with Catholic School That Fired Unwed Pregnant Worker: 6 Key Takeaways for Religious Schools

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Religious schools in New Jersey that make employment decisions based on the tenets of their faith just received a favorable ruling from the state’s highest court last week. The case involves an unmarried Catholic school...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Delays Arguments in Religious Discrimination Case for Pending Supreme Court Decision

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Over the past decade, federal courts have repeatedly reviewed religious-affiliated employers' ability to avoid federal discrimination claims. Courts recognize a "ministerial exception" that prevents discrimination claims by...more

Sherman & Howard L.L.C.

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

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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

Proskauer - California Employment Law

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

Proskauer - California Employment Law on

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

Fisher Phillips

June 2020: The Top 21 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Husch Blackwell LLP

SCOTUS Decision Impacts Discrimination Claims Against Religious Employers

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Key Points •The ministerial exception protects religious employers from government interference in internal employment disputes involving the selection, supervision, and removal of individuals who play an important role...more

Dechert LLP

The U.S. Supreme Court Expands the Ministerial Exception

Dechert LLP on

On July 8, 2020, in a 7–2 decision, the U.S. Supreme Court in Our Lady of Guadalupe School v. Morrissey-Berru expanded the “ministerial exception,” which allows religious organizations to avoid federal anti-discrimination...more

Payne & Fears

United States Supreme Court Clarifies the Scope of the Ministerial Exception

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In Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) (“Morrissey-Berru”), the United States Supreme Court provided further guidance on the application of the “ministerial exception,” which...more

Fisher Phillips

Are Your Teachers Ministers?

Fisher Phillips on

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

Sheppard Mullin Richter & Hampton LLP

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

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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

Holland & Knight LLP

Religious Institutions Update: January 2019 - Lex Est Sanctio Sancta

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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

Parker Poe Adams & Bernstein LLP

Ninth Circuit Limits ADA Ministerial Exemption

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In its 2012 Hosanna-Tabor decision, the U.S. Supreme Court recognized a “ministerial” exemption to federal civil rights laws. It allows religious employers – without being subjected to claims of discrimination – to make...more

Littler

NLRB Issues Numerous Decisions Against Employers as Hirozawa's Term Expires

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In the midst of a heated presidential election cycle, employers are following recent decisions of the National Labor Relations Board closely. Before losing its three-member Democratic majority at the expiration of Board...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on

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

Holland & Knight LLP

Religious Institutions: June 2015

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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

Hinshaw & Culbertson LLP

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

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

Ervin Cohen & Jessup LLP

Woman Files Lawsuit Against Christian School Alleging Pregnancy Discrimination

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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

Ervin Cohen & Jessup LLP

Christian School Files Lawsuit Against Former Teachers

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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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