Hey Compliance Warriors!
Recently we had an article featuring a court case that questioned if private religious schools needed to adhere to normal hiring practices that other businesses and institutions were required to. The current discussion continues that trend and more news will follow as these cases unfold. Read on…
Article Via: law.com
“This term the U.S. Supreme Court will decide six cases dealing with religious liberty—an extraordinary number given a docket totaling only 74 matters. Two of the cases were argued via teleconference on May 11, when the court addressed the scope of the “ministerial exception,” a legal doctrine shielding religious organizations from otherwise applicable employment law claims. The exception was recognized by a unanimous Supreme Court in its 2012 decision in Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission. It declared that the First Amendment’s free exercise and establishment clauses work together to “bar the government from interfering with the decision of a religious group to fire one of its ministers.” Thus, a religious institution is afforded a complete defense to claims for discrimination and wage violations brought by an individual who is deemed a “minister” of the faith.”