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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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