Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- First Amendment (2)
- Religious liberty (2)
- Abercrombie & Fitch (1)
- Beliefs (1)
- Benefits (1)
-
- Christian Legal Society (1)
- Constitutional law (1)
- Discrimination (1)
- EEOC (1)
- Employment law (1)
- First amendment (1)
- Free exercise (1)
- Hosanna-Tabor (1)
- Martinez (1)
- Ministerial exception (1)
- NLRB v. Catholic Bishop of Chicago (1)
- National Labor Relations Act (1)
- National Labor Relations Board (1)
- Nondiscrimination (1)
- Prima facie elements (1)
- Privacy of religious belief (1)
- Religion (1)
- Religious accommodation (1)
- Religious colleges and universities (1)
- Religious disparate treatment (1)
- Religious education (1)
- Religious schools (1)
- Religious sincerity (1)
- Student groups (1)
- Title VII (1)
Articles 1 - 4 of 4
Full-Text Articles in Religion Law
Thinking Slow About Abercrombie & Fitch: Straightening Out The Judicial Confusion In The Lower Courts, Bruce N. Cameron, Blaine L. Hutchison
Thinking Slow About Abercrombie & Fitch: Straightening Out The Judicial Confusion In The Lower Courts, Bruce N. Cameron, Blaine L. Hutchison
Pepperdine Law Review
In Abercrombie & Fitch, the U.S. Supreme Court fundamentally changed the way that Title VII religious accommodation cases are litigated and evaluated. This paper analyzes Abercrombie, explains how the Court eliminated religious accommodation as a freestanding cause of action, and suggests an altered proof framework for plaintiffs seeking an accommodation. The paper also explores the conflict between employee privacy rights and classic proof requirements for religious sincerity. The lower courts have largely failed to apprehend the change mandated by Abercrombie, with the result that their opinions are in disarray. The paper includes a chart organizing the diverse lower court opinions.
All For One, And One For All-Comers! University Nondiscrimination Policies In Light Of Hosanna-Tabor And The Ministerial Exception, Zach Tafoya
Pepperdine Law Review
In light of the more recent Hosanna-Tabor decision, this Comment seeks to answer these questions by extending the reasoning behind the ministerial exception to the university context in order to build a foundation upon which a future exception can be built to ensure that religious student groups are sufficiently free to choose their own leaders. Part II sets forth a brief history of the ministerial exception and its application in the circuit courts. Part III addresses two recent Supreme Court cases, Martinez and Hosanna-Tabor, and their practical effect on religious liberty, as well as the public’s perception of both cases. …
A New Standard Of Review In Free Exercise Cases: Thomas V. Review Board Of The Indiana Employment & Security Division, Lynn Mccutchen Gardner
A New Standard Of Review In Free Exercise Cases: Thomas V. Review Board Of The Indiana Employment & Security Division, Lynn Mccutchen Gardner
Pepperdine Law Review
In Thomas v. Review Board of the Indiana Employment Security Division, the United States Supreme Court was called upon to clarify the appropriate level of review to be applied in cases which examine the first amendment right to free exercise of religion. The Court ruled that the "compelling state interest" test is the proper standard to be used. The Court also accorded first amendment protection to beliefs which are not shared by other members of a religious group and which are instead the unique interpretation of an individual member and not acceptable, logical, consistent or comprehensible to others.
Blame It On Catholic Bishop: The Question Of Nlrb Jurisdiction Over Religious Colleges And Universities, Susan J. Stabile
Blame It On Catholic Bishop: The Question Of Nlrb Jurisdiction Over Religious Colleges And Universities, Susan J. Stabile
Pepperdine Law Review
No abstract provided.