Religious Employers and Employment Law: Whose Rights?

Religious organizations and their employees fall into a murky and often-overlooked area of labor and employment law. Guests James “Jim” Paul and Michael Subit practice in employment and labor law and are versed in the world of religious employers and their workers. 

Title VII of the Civil Rights Act carves out some interesting exemptions in employment law regarding religion-based businesses, but some recent court rulings seem to conflict with each other. Paul and Subit join host Matt Greer to delve into what constitutes a “religious employer” and where religious beliefs and practices challenge existing employment laws.

A recent appeals court ruling spells out nine questions regarding religion-based retailers, religious hospitals, and other businesses. Is it created for profit? Does it make a secular product? Do articles of incorporation state a religious purpose? All of these considerations may matter.

This issue goes way beyond practicing a religion. Consider same sex marriage, certain behaviors, and reproductive rights. Hear how quickly employer and employee rights can conflict. Is a Supreme Court showdown on the horizon? 

Special thanks to our sponsor ABA Labor and Employment Law Section .

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