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Appeals Court Refused to Dismiss a Former Employee’s Wrongful Termination Lawsuit

The trial court failed to conduct a “fact-sensitive and claim specific” analysis to determine if the First Amendment bars the former employee’s claims against a Roman Catholic archdiocese.

Key point 8-12.01. Title VII of the Civil Rights Act of 1964 prohibits employers engaged in commerce and having at least 15 employees from discriminating in any employment decision on the basis of race, color, national origin, gender, or religion. Religious organizations are exempt from the ban on religious discrimination but not from the other prohibited forms of discrimination.

Key point 8-21.02. 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.

An Indiana court refused to dismiss a former employee’s wrongful termination lawsuit against a Roman Catholic archdiocese on the ground that the trial court had yet to undertake a “fact-sensitive and claim specific” ...

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Posted:
  • June 28, 2022