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SCOTUS Clears Way for Religious Employers to Discriminate

by Jean Marc Favreau | Jul 8, 2020 | Clergy Employment Issues, Employment Law, Ministerial Exception, Supreme Court

In a 7-2 decision, the U.S. Supreme Court held that the ministerial exception permits religiously affiliated schools to fire employees for discriminatory reasons. In Our Lady of Guadalupe School v. Morrissey-Berru, the Court’s majority held that two Catholic school...

Musicians and the Ministerial Exception

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....

Morals Clauses: What They Mean for Employees of Religious Institutions

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...

What is a Religious Institution for Employment Discrimination Purposes?

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...

The Ministerial Exception: A Second Look at Hosanna-Tabor Evangelical Church & School

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...

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The Just Workplace discusses contemporary issues in labor and employment law and emphasizes how these subjects affect employees in a variety of workplace settings. The blog covers an array of employment issues, including labor and employment policy, current events and noteworthy developments in the field, and legal opinions from federal and state courts and administrative agencies such as the National Labor Relations Board, the Equal Employment Opportunity Commission, and the Federal Labor Relations Authority. Although the content contained in The Just Workplace is not legal advice and should not be considered as such, the blog seeks to be a resource for individual employees negotiating employment, retirement, and severance agreements, as well as union-members and officials subject to collective bargaining agreements.

The Just Workplace is produced by the attorneys at Peer, Gan & Gisler, LLP, a Washington, D.C.-based law firm with a nationwide litigation practice and a special focus on the effective resolution of labor and employment disputes.

Recent Posts

  • SCOTUS Clears Way for Religious Employers to Discriminate
  • Judge Enjoins IRS From Enforcing Parsonage Exemption – But Hold On…
  • Federal Court Rules Parsonage Unconstitutional, Yet Again
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  • The Latest Victims of Non-Competes: Journalists
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