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Total Articles: 3

Religious Exemptions Protect School From Student’s Disability Discrimination Claim

Religious institutions may always face complex questions as to whether, and which, legal exemptions apply to them in various situations. But a recent case in New Jersey federal court shines a narrow sliver of light onto this murky issue — at least in terms of discrimination and retaliation claims.

Your School Is Religious – Does That Mean It's Exempt?

You've just received notice from your state unemployment commission that the School owes $10,000 in back unemployment taxes. You don't understand how this occurred since your religious school has always been treated as exempt from unemployment. It's only after searching your records that you see that the unemployment commission disagreed with your assertion of exempt status and your school failed to appeal the determination on a timely basis. It has now taxed you for three years of unpaid taxes, penalties, and interest. Now what?

Supreme Court Holds that ‘Ministerial Exception’ Protects Church from Teacher’s Retaliation Claim

In a significant, unanimous decision last week, the U.S. Supreme Court confirmed that a “ministerial exception” bars employment discrimination actions brought by employees who fall within this exception against religious employers. Relying upon the “religion clauses” of the First Amendment, the Supreme Court held that the exception barred the retaliation claim of a teacher who was also a commissioned minister. Hosanna-Tabor Evangelical Lutheran Church and School v. E.E.O.C.