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Pastor, Church & Law

written by Richard R. Hammar, J.D., LL.M., CPA

Discrimination Based on Sexual Orientation

Volume 3 . Chapter 8, Part 3 . § 8-21.2
Key Point8-21.2 Many state civil rights laws prohibit employers with a specified number of employees from discriminating in any employment decision on the basis of the sexual orientation of an employee or applicant for employment. Such laws generally exempt religious organizations.

Several states have enacted laws prohibiting employers from discriminating against employees and applicants for employment on the basis of their sexual orientation. The application of these laws is summarized in Table 8-7 State Laws Barring Private Employers from Discriminating on the Basis of Sexual Orientation. All of them contain an exemption for religious organizations. Even without such an exemption, it is unlikely that the civil courts would apply such a law ...

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