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Religious Institutions Ministerial Exception

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

Holland & Knight LLP

Religious Institutions Update: July 2023

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Supreme Court Decides Freedom of Speech Trumps Public Accommodations Law In 303 Creative LLC v. Elenis, No. 21-476 (June 30, 2023), the U.S. Supreme Court reversed 6-3 the lower courts' denial of the injunction the plaintiff...more

Holland & Knight LLP

Religious Institutions: Update June 2023

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In Ratliff v. Wycliffe Assoc., Inc., No. 6:22-cv-1185-PGB-RMN, 2023 WL 3688082 (M.D. Fla. May 26, 2023), the plaintiff, a software developer, sued the defendant, a Bible translation ministry, for sex discrimination under...more

Holland & Knight LLP

Religious Institutions Update: March 2023

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Donors State Claims for Misuse of Their Funds, But Not as a Class Action - In Carrier v. Ravi Zacharias Int'l Ministries, Inc. No. 1:21-CV-3161-TWT, 2022 WL 1540206 (N.D. Ga. May 13, 2022) and Carrier v. Ravi Zacharias...more

Holland & Knight LLP

Religious Institutions Update: January 2023

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Vaccination Mandate Conforms with First Amendment In Kane v. De Blasio, No. 21 Civ. 7863, 21 Civ. 8773, 2022 WL 3701183 (S.D. N.Y. Aug. 26, 2022), the district court ruled that New York City Department of Education employees...more

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

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

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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

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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

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

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

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.

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

Fisher Phillips

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

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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

Holland & Knight LLP

Religious Institutions Law Update: October 2020

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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

Fisher Phillips

A Simplified View Of The Supreme Court’s 2019-2020 Workplace Law Term

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Supreme Court decisions are often the most challenging pieces of legal guidance to understand. They are rarely straightforward and usually contain so much analysis that it becomes hard to get to the bottom of what was...more

Proskauer - California Employment Law

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

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

Baker Donelson

Religious Organizations May Have a Defense to LGBTQ Employment Discrimination Lawsuits Despite Bostock Ruling

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On July 8, 2020, in Our Lady of Guadalupe School v. Morrissey-Berru, the United States Supreme Court reaffirmed its stance on the application of ministerial exception to employment discrimination cases as established in...more

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court to Again Review Ministerial Exception to Federal Anti-Discrimination Laws

In its 2012 Hosanna-Tabor decision, the U.S. Supreme Court first recognized the existence of a “ministerial exception” to the requirements of federal civil rights laws such as Title VII and the Americans with Disabilities...more

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