by Josh Scharff | Oct 13, 2016 | Clergy Employment Issues, Employment Law, Title VII
Music is a vital part of worship for many religions. But at what point should a musician be considered a religious minister? The answer to this question has legal ramifications for musicians who work at congregations, schools, and/or other religious institutions....
by Josh Scharff | Nov 13, 2014 | Clergy Employment Issues
Earlier today, the United States Court of Appeals for the Seventh Circuit vacated the Western District of Wisconsin’s decision in Freedom From Religion Foundation v. Lew and ordered the case to be dismissed. This case was before the Seventh Circuit after Federal...
by Josh Scharff | Sep 11, 2014 | Clergy Employment Issues
The United States Court of Appeals for the Seventh Circuit heard oral arguments on Tuesday regarding the constitutionality of the parsonage exemption for clergy. The case Freedom From Religion Foundation v. Lew is before the Seventh Circuit after Judge Barbara Crabb...
by Josh Scharff | Jul 31, 2014 | Clergy Employment Issues, Employment Law
Employees of certain religious institutions, which can include religious schools, congregations, and faith-based nonprofit organizations, are sometimes confronted with a “morals clause” in their employment agreements. In the context of a religious employer-employee...
by Josh Scharff | Nov 26, 2013 | Clergy Employment Issues, Employment Law, Supreme Court, Title VII
The Supreme Court Does Not Further Define “Religious Institution” in Hosanna-Tabor In it’s 2012 Hosanna-Tabor Evangelical Church & School v. EEOC decision, the Supreme Court unanimously upheld the validity of the “ministerial exception,” a common law...
by Josh Scharff | Mar 21, 2013 | Clergy Employment Issues, Unemployment
Employees laid off or terminated from a position with a religious congregation may be in for an additional unpleasant surprise – they may be legally precluded from collecting unemployment benefits. While the purpose of unemployment insurance is to provide a safety net...
by Josh Scharff | Jul 6, 2012 | Clergy Employment Issues, Supreme Court, Title VII
The Ministerial Exception makes it to the Supreme Court in Hosanna Tabor v. EEOC Earlier this year, the Supreme Court first considered the validity and applicability of the “ministerial exception” – a common law principle that exempts religious institutions from...
