Part 5 of 6 Title VII and Church Employment Practices How the Supreme Court’s interpretation of Title VII’s term “sex” affects church employment. Frank Sommerville
Discrimination Claim Brought Against School that Fired Gay Teacher Allowed to Proceed Except for religious discrimination, religious organizations are not exempt from other forms of discrimination prohibited under Title VII. Richard R. Hammar
Former School Counselor’s Discrimination Claims Barred by Ministerial Exception A woman fired because of her same-sex marriage could not pursue remedies against a Catholic school under federal and state laws, court holds. Richard R. Hammar
Can Churches Bar Service Animals? Before your church considers barring service animals, it is good to understand the legal and ministerial dimensions. Richard R. Hammar
Unmarried Pregnant Employee Can Sue Religious School for Discrimination Appeals court says “knowledge or mere observation” of woman’s pregnancy is not a “permissible basis” to fire her under state law. Richard R. Hammar
Sexual Harassment Claim by a Minister Dismissed for Lack of Proof But federal court also says “ministerial exception” was not an available defense to hostile environment allegation. Richard R. Hammar
Supreme Court Reaffirms and Expands Ministerial Exception What the ruling means for churches and religious organizations. Richard R. Hammar
What an Early COVID-19 Supreme Court Decision Meant for Church Gatherings A Court decision early in the COVID-19 pandemic rejected a California church’s request to restore in-person gatherings sooner than the state allowed. Richard R. Hammar
Ministerial Exception The law doesn't always protect pastors from employment discrimination. Richard R. Hammar
Public Accommodations Laws Understand how discrimination laws affect which outside groups can use church facilities. Richard R. Hammar
Will Sexual Orientation and Gender Identity Discrimination Become Illegal? High court’s decision could have implications for the hiring and firing practices of churches. Matthew Branaugh
Court Dismisses Pregnancy-Related Lawsuit Brought Against Church Judge says the facts of the case demonstrate firing was based on religious doctrine. Matthew Branaugh
Cases Not Recognizing the Ministerial Exception Key Point 8-10.02. Some courts have not recognized the ministerial exception, usually because the complainant
Application to Religious Organizations Key Point 8-12.01. Title VII of the Civil Rights Act of 1964 prohibits employers engaged
Application to Religious Educational Institutions Key Point 8-12.02. Title VII of the Civil Rights Act of 1964 prohibits employers engaged
Religion as a “Bona Fide Occupational Qualification” Key Point 8-12.03. Title VII of the Civil Rights Act of 1964 prohibits employers engaged
Discrimination Based on Religion or Morals Key Point 8-12.04. Title VII of the Civil Rights Act of 1964 prohibits employers engaged
Sexual Harassment Key Point 8-12.05. Sexual harassment is a form of sex discrimination prohibited by Title VII
Failure to Accommodate Employees’ Religious Practices Key Point 8-12.07. Title VII of the Civil Rights Act of 1964 prohibits covered employers
The Religious Freedom Restoration Act Key Point 8-12.08. Congress enacted the Religious Freedom Restoration Act to prevent the government from