Can Religious Organizations Discriminate in Employment Decisions?

Religious organizations are often treated differently than a nonreligious, secular business when it comes to the law. Many kinds of taxes don’t have to be paid and religious organizations are often exempt from certain laws.

But what about discrimination in the workplace? Can a religious organization be sued by, for example, an aggrieved employee who feels that he or she has been discriminated against?

Most Employment Laws Do Apply

The simple answer is yes, religious organizations do have to comply with federal laws that prohibit discrimination and harassment in the workplace. There is, however, an exemption written into federal law, which allows a religious organization to discriminate in hiring for positions which may require that the employee be the same religion as the organization.

So, as an example, a Jewish Temple could certainly opt to only hire someone Jewish to be a Rabbi, or even an after school religious school teacher, or a tutor who teaches children at the school the Hebrew language.

Some Exceptions

But this exemption has a few limitations, and does not give any religious group permission to just flatly discriminate.

First, the law looks at the religious necessity of the position itself—not the organization.

In other words, using our example above, the Jewish school might be able to only hire Jewish teachers, or religious leaders. But that same Jewish school could not discriminate in hiring for a secretary, janitor, or accountant—religiously neutral positions, where the employee’s religion plays no part in the job itself.

Some courts have used a “key religious role” test, where organizations can discriminate on the basis of religion, if the employee or prospective employee fills such a role.

And even where religious organizations can legally discriminate, they could only do so on the basis of religion. They still must abide by laws which prohibit discrimination or harassment based on gender or age or disability. And most courts have said that a religious organization cannot claim that its religious beliefs require it to discriminate, as a defense.

Additionally, if an employee is hired, he or she cannot then be discriminated against on the basis of religion—in other words, once hired, the employer must treat all employees of all religions equally.

Sexual Orientation

Sexual orientation is a much more complex issue, and many courts have ruled differently. Generally, sexual orientation is a protected class—that is, secular businesses cannot discriminate or harass because an employee may be, for example, gay, or transgender.

But many religious organizations have said that homosexuality is against their religious beliefs, thus allowing them to discriminate against these protected classes. Different courts have ruled differently on this issue.

Usually. In states where the law says that discrimination is illegal on the basis of sexual orientation, courts have prohibited it, and in states where there is no specific state law, courts have tended to allow it. This means that state laws often carry more weight than federal laws, at least with this issue.

Reach out to the West Palm Beach business litigation attorneys at Pike & Lustig for help with your employment law problems.

Source:

eeoc.gov/laws/guidance/section-12-religious-discrimination