News & Analysis as of August 3, 2025

Title VII › Religious Institutions

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Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions. less -

A Day of Near-Unanimity on Six Important Cases - SCOTUS Today

Epstein Becker & Green on 6/6/2025

As this term draws to a close, the U.S. Supreme Court is getting busy in reducing its inventory of pending cases. Yesterday, six of them were resolved....more

Religious Institutions Update: July 2024

Holland & Knight LLP on 7/12/2024

Vaccine Exemption Policy Requiring Citation to Official Doctrine Violates First Amendment Madison Houghton and Nathan A. Adams IV In Does 1-11 v. Bd. of Regents of Univ. of Colorado, 100 F. 4th 1251 (10th Cir. 2024), former...more

New Jersey Supreme Court limits the LAD's reach as to religious institutions, but will it last?

Goldberg Segalla on 9/8/2023

Key Takeaways - The New Jersey Supreme Court recently ruled that the Law Against Discrimination (LAD) contained an express exception for religious organizations that make employment decisions based on employment criteria...more

Religious Institutions Update: July 2023

Holland & Knight LLP on 7/27/2023

Supreme Court Decides Freedom of Speech Trumps Public Accommodations Law In 303 Creative LLC v. Elenis, No. 21-476 (June 30, 2023), the U.S. Supreme Court reversed 6-3 the lower courts' denial of the injunction the plaintiff...more

Fifth Circuit Holds Christian-Owned Business Has Religious Exemption From LGBTQ+ Discrimination Claims

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/24/2023

The U.S. Court of Appeals for the Fifth Circuit recently ruled that prohibitions against discriminatory employment practices against the LGTBQ+ community under Title VII of the Civil Rights Act of 1964 are inapplicable to...more

Fifth Circuit Holds That Religious Employers May Be Entitled to Exemptions from Title VII's LGBTQ+ Requirements

Husch Blackwell LLP on 7/11/2023

In Braidwood Management, Inc. v. Equal Employment Opportunity Commission, the United States Court of Appeals for the Fifth Circuit held that religious employers may be exempt from Title VII requirements concerning sexual...more

Religious Institutions Update: March 2023

Holland & Knight LLP on 3/31/2023

Donors State Claims for Misuse of Their Funds, But Not as a Class Action - In Carrier v. Ravi Zacharias Int'l Ministries, Inc. No. 1:21-CV-3161-TWT, 2022 WL 1540206 (N.D. Ga. May 13, 2022) and Carrier v. Ravi Zacharias...more

The Righteous Stand Bold Like a Lion | Bostock, Religious Organization Employers, and Title VII

Freeman Law on 3/1/2023

This Insights blog addresses the aftermath of the monumental U.S. Supreme Court opinion of Bostock v. Clayton County, 140 S.Ct. 1731 (June 15, 2020) and the ongoing collision of the right to religious freedom enjoyed by...more

Proposed Federal Rule Seeks to Clarify Title VII’s Application to Religious Organizations

Nelson Mullins Riley & Scarborough LLP on 2/16/2023

A January 13, 2023 rule proposed by nine federal agencies, including the Department of Labor, seeks to amend an assortment of regulations in order to clarify the rights and obligations of faith-based and community...more

Religious Institutions Update: January 2023

Holland & Knight LLP on 1/10/2023

Vaccination Mandate Conforms with First Amendment In Kane v. De Blasio, No. 21 Civ. 7863, 21 Civ. 8773, 2022 WL 3701183 (S.D. N.Y. Aug. 26, 2022), the district court ruled that New York City Department of Education employees...more

Religious Institutions Update: February 2022

Holland & Knight LLP on 2/4/2022

Religious Exemption to States' Mandatory Vaccination Statute Not Necessary In Does 1-6 v. Mills, No. 1:21-cv-00242, 2021 WL 4783626 (D. Me. Oct. 13, 2021), the court denied injunctive relief to plaintiff healthcare workers...more

OFCCP Publishes Proposal to Rescind “Problematic” Trump Administration Religious Exemption Rule

Jackson Lewis P.C. on 11/11/2021

OFCCP has announced a proposal to rescind the Trump-era final rule “Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption”. As described in the Proposal:...more

Religious Institutions Update: October 2021

Holland & Knight LLP on 10/6/2021

Morals Clause Ruled Not Within Title VII Religious Exemptions Title VII of the Civil Rights Act of 1964 makes it unlawful "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any...more

Religious Institutions Update: June 2021

Holland & Knight LLP on 6/10/2021

Blanket Limitation on Private Home Gatherings to 3 Households Overturned In Tandon v. Newsom, 141 S.Ct. 1294 (2021) (per curiam), the U.S. Supreme Court enjoined pending appeal California's imposition of a blanket limitation...more

Religious Institutions Update: March 2021

Holland & Knight LLP on 3/24/2021

Attendance Limitations on Houses of Worship Enjoined In Agudath Israel of America v. Cuomo, 983 F. 3d 620 (2d Cir. 2020), the court of appeals reversed two district courts and ruled that an executive order that limited...more

OWN’s Greenleaf Presents Ministerial Exception Issue

FordHarrison on 2/10/2021

Based on praise from various friends and colleagues, the lovely Mrs. Reed and I recently began watching Greenleaf, a series on the Oprah Winfrey Network (OWN) that ran from 2016 to 2020....more

Separation of Church and State: The Application of the Ministerial Exception to Certain Employment Laws

Bradley Arant Boult Cummings LLP on 1/26/2021

It is common knowledge among many human resources professionals that religious organizations generally are protected from religious discrimination lawsuits under Title VII of the Civil Rights Act and most state...more

Religious Institutions Update: December 2020

Holland & Knight LLP on 12/23/2020

In Roman Catholic Diocese of Brooklyn, N.Y. v. Cuomo, No. 20A87, 2020 WL 6948354 (U.S. Nov. 25, 2020) (per curiam), the U.S. Supreme Court enjoined enforcement of the 10- and 25-person occupancy limits on churches in New York...more

What Employers And Educational Institutions Need To Know About EEOC’s Proposed Guidance On Religious Discrimination

Fisher Phillips on 11/24/2020

The EEOC recently released a draft of its updated guidance on religious discrimination, which – if adopted and finalized – could alter the legal standards applied in workplace disputes for the nation’s employers generally and...more

2020 Supreme Court Update

BakerHostetler on 10/30/2020

The U.S. Supreme Court’s October term started earlier this month, and promises to be an unprecedented session. How is the Court responding to the pandemic and adapting to a virtual environment? Which cases should you be...more

Religious Institutions Law Update: October 2020

Holland & Knight LLP on 10/15/2020

In Calvary Chapel Dayton Valley v. Sisolak, 140 S.Ct. 203 (2020), the U.S. Supreme Court declined to enjoin Nevada Gov. Steve Sisolak's emergency order capping in-person services at 50 people regardless of facility size while...more

A Simplified View Of The Supreme Court’s 2019-2020 Workplace Law Term

Fisher Phillips on 8/10/2020

Supreme Court decisions are often the most challenging pieces of legal guidance to understand. They are rarely straightforward and usually contain so much analysis that it becomes hard to get to the bottom of what was...more

Religious Organizations May Have a Defense to LGBTQ Employment Discrimination Lawsuits Despite Bostock Ruling

Baker Donelson on 7/17/2020

On July 8, 2020, in Our Lady of Guadalupe School v. Morrissey-Berru, the United States Supreme Court reaffirmed its stance on the application of ministerial exception to employment discrimination cases as established in...more

Religious Institutions Update: September 2019 - Lex Est Sanctio Sancta

Holland & Knight LLP on 9/4/2019

Rehearing Denied for Elementary School Against Catholic Teacher's ADA Claim - In Biel v. St. James Sch., 926 F. 3d 1238 (9th Cir. 2019), the petition for rehearing and the petition for rehearing en banc was denied, subject...more

Key California Employment Law Cases: March 2019

Payne & Fears on 5/2/2019

This month’s key employment law cases address the religious organization exemption under Title VII of the Civil Rights Act and arbitration agreements....more

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