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Age Discrimination › First Amendment › Reversal

Age Discrimination is the practice of treating an employee or job applicant less favorably than other employees or applicants due to his or her age. The Age Discrimination in Employment Act (ADEA) only protects... more +
Age Discrimination is the practice of treating an employee or job applicant less favorably than other employees or applicants due to his or her age. The Age Discrimination in Employment Act (ADEA) only protects those workers or applicants who are over the age of forty. Some state laws expand age discrimination protection to younger workers as well. Age Discrimination can take many forms including persistent harassment based on a person's age, demotion, unjustified pay disparities, passing over for opportunity, or any other adverse employment action motivated by an individual's age.  less -
Cranfill Sumner LLP

Fourth Circuit Expands Exception for Religious Employees

Cranfill Sumner LLP on

On May 8, 2024, the United States Court of Appeals for the Fourth Circuit issued a monumental opinion in Billard v. Charlotte Catholic High School. Senior Judge Harris, joined by Judge Niemeyer, wrote the majority opinion....more

Hogan Lovells

United States Supreme Court recognizes employer religious freedoms in two recent decisions

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On July 8, 2020, the United States Supreme Court decided two cases addressing employers’ religious freedoms in very different contexts: one concerning whether religious school teachers could challenge adverse employment...more

Polsinelli

The U.S. Supreme Court Expands Protection for Religious Employers Against Discrimination Claims

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On July 8, 2020, the United States Supreme Court expanded the “ministerial exception” – a legal doctrine that exempts religious employers from certain discrimination laws in Our Lady of Guadalupe School v. Morrissey-Berru. ...more

Husch Blackwell LLP

SCOTUS Decision Impacts Discrimination Claims Against Religious Employers

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Key Points •The ministerial exception protects religious employers from government interference in internal employment disputes involving the selection, supervision, and removal of individuals who play an important role...more

Bond Schoeneck & King PLLC

Supreme Court Applies "Ministerial Exception" to Teachers at Religious Schools

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On July 8, 2020, the Supreme Court analyzed the ministerial exception for employees who allege employment discrimination claims for the first time in nearly a decade when it issued its decision in Our Lady of Guadalupe School...more

Bradley Arant Boult Cummings LLP

Administering the Ministerial Exception: The Supreme Court Expands the Defense in Employment Cases

Bradley Arant Boult Cummings LLP on

Although the issue of whether someone can sue a church for employment discrimination doesn’t come up often, in Our Lady Of Guadalupe School v. Morrissey-­Berru, the Supreme Court expanded the ministerial exception that...more

Stoel Rives LLP

U.S. Supreme Court Affirms Religious Freedom in Government Benefits and Employment Decisions

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In three cases this term, the U.S. Supreme Court has affirmed the freedom of religious institutions to access government benefits and to make employment decisions....more

Dechert LLP

The U.S. Supreme Court Expands the Ministerial Exception

Dechert LLP on

On July 8, 2020, in a 7–2 decision, the U.S. Supreme Court in Our Lady of Guadalupe School v. Morrissey-Berru expanded the “ministerial exception,” which allows religious organizations to avoid federal anti-discrimination...more

Foley & Lardner LLP

U.S. Supreme Court Broadens Religious Employer Defense in Employment Discrimination Lawsuits

Foley & Lardner LLP on

On July 8, 2020, in a 7-2 opinion, the U.S. Supreme Court in Our Lady of Guadalupe Sch. v. Morrissey-Berru issued a victory for religious employers, seeking to limit the application of federal anti-discrimination laws. The...more

Amundsen Davis LLC

U.S. Supreme Court Extends The “Ministerial Exception” To Teachers At Religious Elementary Schools

Amundsen Davis LLC on

On July 8, 2020 the United States Supreme Court ruled that the U.S. civil rights laws barring discrimination on the job do not apply to most lay teachers at religious elementary schools. The decision extends earlier Supreme...more

Sheppard Mullin Richter & Hampton LLP

U.S. Supreme Court Backs Broad Interpretation of the “Ministerial Exception,” Shielding Religious Employers From Employment...

Sheppard Mullin Richter & Hampton LLP on

On July 8, 2020, the Supreme Court gave religious employers wide leeway to hire and fire employees whose duties include religious instruction without having to worry about employment discrimination suits. In a 7-to-2...more

Holland & Knight LLP

Supreme Court: Ministerial Exception Bars Teachers' Age and Disability Discrimination Claims

Holland & Knight LLP on

The U.S. Supreme Court ruled 7-2 in Our Lady of Guadalupe School v. Morrissey-Berru, Nos. 19-267 and 19-348 (July 8, 2020), that the First Amendment ministerial exception doctrine bars courts from entertaining an age or...more

McGuireWoods LLP

U.S. Supreme Court Broadens Ministerial Exemption to Employment Discrimination Claims

McGuireWoods LLP on

By a vote of 7-2, the U.S. Supreme Court held on July 8, 2020, that the “ministerial exception” under the religion clauses of the First Amendment forecloses employment-discrimination claims against religious schools by...more

Payne & Fears

United States Supreme Court Clarifies the Scope of the Ministerial Exception

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In Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___, 2020 WL 3808420 (2020) (“Morrissey-Berru”), the United States Supreme Court provided further guidance on the application of the “ministerial exception,” which...more

Miles & Stockbridge P.C.

The Supreme Court Expands Employers’ Religious Freedom

Miles & Stockbridge P.C. on

On July 8, 2020, the Supreme Court of the United States issued two new opinions applying First Amendment religious rights to employers. The first case, Our Lady of Guadalupe School v. Morrissey-Berru, No. 19-267 (July 8,...more

McAfee & Taft

SCOTUS blesses expansion of ‘ministerial exception’ for religious schools – McAfee & Taft

McAfee & Taft on

Does a teacher at a religious school have the right to bring suit for employment discrimination against her employer in civil court? Or does the U.S. Constitution’s Freedom of Religion Clause shield religious employers from...more

Bricker Graydon LLP

U.S. Supreme Court expands “ministerial exception” for religious organizations

Bricker Graydon LLP on

The U.S. Supreme Court issued a decision in another high-profile case, Our Lady Guadalupe School v. Morrissey Berru, expanding the “ministerial exception” to foreclose employment discrimination claims brought by two Catholic...more

Miller Canfield

U.S. Supreme Court Broadens Application of Ministerial Exceptions in Employment Discrimination Lawsuits

Miller Canfield on

On July 8, 2020, the Supreme Court, in Our Lady of Guadalupe School v. Morrissey-Berru, held that the First Amendment bars courts from considering employment discrimination claims brought by teachers against their faith-based...more

Seyfarth Shaw LLP

US Supreme Court Expands Ministerial Exception for Religious Organizations

Seyfarth Shaw LLP on

Seyfarth Synopsis: In another high-profile religion school case this term, the Supreme Court ruled 7-2 in Our Lady of Guadalupe School v. Morrissey-Berru that the First Amendment’s Religion Clauses foreclosed the adjudication...more

Franczek P.C.

SCOTUS Gives Religious Exemptions Wide Berth in Two Key Employment Rulings

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On July 8, the U.S. Supreme Court issued two 7-2 decisions involving religious exemptions to federal employment and benefits laws....more

Fisher Phillips

SCOTUS Upholds Broad Standard For Permitting Religious Exemption From Employment Discrimination Claims

Fisher Phillips on

By a 7-to-2 vote, the U.S. Supreme Court issued an important and expansive ruling for religious institutions yesterday, holding that the “ministerial exception” primarily requires an inquiry into whether an employee carries...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Our Lady of Guadalupe School v. Morrissey-Berru

Faegre Drinker Biddle & Reath LLP on

On July 8, 2020, the United States Supreme Court decided Our Lady of Guadalupe School v. Morrissey-Berru, No. 19-267, holding that the First Amendment’s “ministerial exception,” under the religion clauses, bars courts from...more

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Issues Two Rulings Broadening Exceptions for Religious Employers

Parker Poe Adams & Bernstein LLP on

In its 2012 Hosanna-Tabor decision, a unanimous U.S. Supreme Court recognized that religious organizations have the ability to select, discipline, and discharge employees who perform ministerial duties – without being...more

Sherman & Howard L.L.C.

Supreme Court Re-Asserts “Ministerial Exception”

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The U.S. Supreme Court (“the Court”) today re-emphasized the “ministerial exception” to discrimination laws. The “ministerial exception” is a court-created doctrine that prevents the U.S. courts from becoming entangled in the...more

Dorsey & Whitney LLP

The Supreme Court - July 8, 2020

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Our Lady of Guadalupe School v. Morrissey-Berru, No. 19-267: The Court has recognized that the First Amendment protects the right of religious institutions “to decide for themselves, free from state interference, matters of...more

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