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Ministerial Exception

Holland & Knight LLP

Religious Institutions Update: October 2021

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Morals Clause Ruled Not Within Title VII Religious Exemptions Title VII of the Civil Rights Act of 1964 makes it unlawful "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any...more

Fisher Phillips

Make Sure Your Diversity Work is Consistent with Your Legal Obligations

Fisher Phillips on

Whether your school is aiming to be more diverse and inclusive or wanting to be in the best possible position to enforce religious tenets, it is important to consult with experienced independent or private school legal...more

Sherman & Howard L.L.C.

Ministerial Exception Covers Catholic School Guidance Counselor

In Starkey v. Roman Catholic Archdiocese of Indianapolis, No. 1:19-cv-03153 (S.D. Ind. August 11, 2021), a federal court rejected a Catholic school guidance counselor’s employment discrimination suit, ruling her claims were...more

Husch Blackwell LLP

Seventh Circuit Holds That Ministerial Exception Bars Hostile Work Environment Claims

Husch Blackwell LLP on

On July 9, 2021, the U.S. Court of Appeals for the Seventh Circuit sitting en banc overturned a split panel decision in the case, Sandor Demkovich v. St. Andrew the Apostle Parish et al., and issued a 6-3 opinion holding that...more

Holland & Knight LLP

Religious Institutions Update: July 2021

Holland & Knight LLP on

Ministerial Exception Doctrine Bars Minister-on-Minister Hostile Work Environment Claim In Demkovich v. St. Andrew the Apostle Parish, Calumet City, No. 19-2142, 2021 WL 2880232 (7th Cir. July 9, 2021), the U.S. Court of...more

Constangy, Brooks, Smith & Prophete, LLP

This 'n' That In Labor And Employment Law

Here's what's been going on this week. Some noteworthy labor and employment developments from the past week, in no particular order: Court rules against Christian teacher who wouldn't use kids' names, preferred...more

Sherman & Howard L.L.C.

Seventh Circuit Expands Ministerial Exception To Hostile Work Environment Claims

Sitting en banc, the Seventh Circuit in Demkovich v. St. Andrew the Apostle Parish, No. 19-2142 (July 9, 2021), held that the so-called “ministerial exception” bars hostile work environment claims alleging...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Holland & Knight LLP

Religious Institutions Update: March 2021

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Attendance Limitations on Houses of Worship Enjoined In Agudath Israel of America v. Cuomo, 983 F. 3d 620 (2d Cir. 2020), the court of appeals reversed two district courts and ruled that an executive order that limited...more

Seyfarth Shaw LLP

Massachusetts Supreme Judicial Court Narrows Scope of Ministerial Exception

Seyfarth Shaw LLP on

Seyfarth Synopsis: In the most recent decision to consider the intersection between religion and employment law, Massachusetts’s highest court in DeWeese-Boyd v. Gordon Coll., No. SJC-12988., 2021 WL 841932 (Mass. Mar. 05,...more

Foley Hoag LLP

Massachusetts Supreme Judicial Court Narrows the Application of the Ministerial Exception to Anti-Discrimination Laws

Foley Hoag LLP on

On March 5, 2021, the Massachusetts Supreme Judicial Court (SJC) ruled in DeWeese-Boyd v. Gordon College, et. al. that an associate professor at a private, Christian liberal arts college did not constitute a ministerial...more

Sherman & Howard L.L.C.

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

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

Gould & Ratner LLP

EEOC Updates Its Compliance Manual on Discrimination

Gould & Ratner LLP on

Agency updates religious discrimination for first time in over a decade - The Equal Employment Opportunity Commission (EEOC) has updated the section of its Compliance Manual on religious discrimination in the workplace....more

FordHarrison

OWN’s Greenleaf Presents Ministerial Exception Issue

FordHarrison on

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

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

Sherman & Howard L.L.C.

EEOC Updates Guidance On Religious Discrimination And Exemptions For Religious Employers

The Equal Employment Opportunity Commission voted on January 15, 2021, to finalize long-awaited revisions to its Compliance Manual covering religious bias in the workplace and addressing protections for religious employers....more

Jackson Lewis P.C.

Developments To Monitor In 2021: LGBTQ+ Rights And Freedom Of Religion In The Workplace

Jackson Lewis P.C. on

As 2021 begins, Jackson Lewis is again providing “The Year Ahead for Employers” to clients. This comprehensive report covers all aspects of employment law and highlights 2020 issues, trends, legislative and regulatory...more

Bricker & Eckler LLP

DOL concludes FLSA ministerial exception can apply to religious daycare and preschool teachers, depending on their duties

Bricker & Eckler LLP on

In an opinion letter issued January 8, 2020, the U.S. Department of Labor (DOL) addressed whether the ministerial exception allows a private religious daycare and preschool to pay teachers in a manner that would not comply...more

Sherman & Howard L.L.C.

DOL Says Ministerial Exception Applies To FLSA Claims

In Opinion Letter FLSA2021-2, issued on January 8, 2021, the U.S. Department of Labor (DOL) confirmed that the so-called “ministerial exception” applies to the wage-and-hour requirements of the Fair Labor Standards Act...more

Proskauer - Law and the Workplace

DOL Issues Opinion Letters on Administrative Exemption and Ministerial Exception

The U.S. Department of Labor’s Wage and Hour Division (WHD) issued two new opinion letters on January 8, 2021, bringing the number of “lame duck” wage and hour opinion letters—issued since Election Day 2020—to six....more

Fisher Phillips

Will The Ministerial Exception Bar A Hostile Work Environment Claim?

Fisher Phillips on

Religious schools expressed relief when the United States Supreme Court expanded the application of the ministerial exception in July 2020 in the combined cases of Our Lady of Guadalupe School v. Morrisey-Berru and St. James...more

Fisher Phillips

What Employers And Educational Institutions Need To Know About EEOC’s Proposed Guidance On Religious Discrimination

Fisher Phillips on

The EEOC recently released a draft of its updated guidance on religious discrimination, which – if adopted and finalized – could alter the legal standards applied in workplace disputes for the nation’s employers generally and...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC Issues Proposed Updates On Religious Bias

Here are 10 quick takes. The Equal Employment Opportunity Commission issued on Tuesday a proposed update to the Religious Discrimination section of its Compliance Manual. The current section of the Compliance Manual has...more

Hinshaw & Culbertson - Employment Law...

25th Annual Labor & Employment Seminar - The Labor & Employment Year in Review: Is It Over Yet? West Coast Session

Monday, October 26 - The Labor & Employment Year in Review: Is It Over Yet? Hinshaw labor and employment attorneys from the Midwest, East Coast, and West Coast addressed developments in the ever-changing landscape of...more

Holland & Knight LLP

Religious Institutions Law Update: October 2020

Holland & Knight LLP on

In Calvary Chapel Dayton Valley v. Sisolak, 140 S.Ct. 203 (2020), the U.S. Supreme Court declined to enjoin Nevada Gov. Steve Sisolak's emergency order capping in-person services at 50 people regardless of facility size while...more

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