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Articles 1 - 16 of 16
Full-Text Articles in Law
Brief Of Religious Liberty Scholars And Employment Law Scholars As Amici Curiae In Support Of Petitioner, Douglas Laycock, John A. Meiser, Richard W. Garnett
Brief Of Religious Liberty Scholars And Employment Law Scholars As Amici Curiae In Support Of Petitioner, Douglas Laycock, John A. Meiser, Richard W. Garnett
Court Briefs
No. 22-174
Gerald E. Groff v. Louis DeJoy
On Writ of Certiorari to the U.S. Court of Appeals for the Third Circuit
From the Summary of Argument
This case demonstrates an error that has undermined protection for religious workers across the country, in defiance of clear statutory text and underlying principles of religious liberty.
Brief Of Religious Liberty Scholars And Employment Law Scholars As Amici Curiae In Support Of Petitioner, Douglas Laycock, John A. Meiser, Richard W. Garnett
Brief Of Religious Liberty Scholars And Employment Law Scholars As Amici Curiae In Support Of Petitioner, Douglas Laycock, John A. Meiser, Richard W. Garnett
Court Briefs
No. 22-174
Gerald E. Groff v. Louis DeJoy
On Petition for a Writ of Certiorari to the United States Court of Appeals for the Third Circuit
From the Summary of Argument
This case is an ideal vehicle for correcting an error that has undermined protection for religious workers across the country, in defiance of clear statutory text and underlying principles of religious liberty.
Does U.S. Federal Employment Law Now Cover Caste Discrimination Based On Untouchability?: If All Else Fails There Is The Possible Application Of Bostock V. Clayton County, Kevin D. Brown, Lalit Khandare, Annapurna Waughray, Kenneth G. Dau-Schmidt, Theodore M. Shaw
Does U.S. Federal Employment Law Now Cover Caste Discrimination Based On Untouchability?: If All Else Fails There Is The Possible Application Of Bostock V. Clayton County, Kevin D. Brown, Lalit Khandare, Annapurna Waughray, Kenneth G. Dau-Schmidt, Theodore M. Shaw
Articles by Maurer Faculty
This article discusses the issue of whether a victim of caste discrimination based on untouchability can assert a claim of intentional employment discrimination under Title VII or Section 1981. This article contends that there are legitimate arguments that this form of discrimination is a form of religious discrimination under Title VII. The question of whether caste discrimination is a form of race or national origin discrimination under Title VII or Section 1981 depends upon how the courts apply these definitions to caste discrimination based on untouchability. There are legitimate arguments that this form of discrimination is recognized within the concept …
Lgbt Discrimination As Religious Discrimination: Ruse Or Resolution?, Craig Westergard
Lgbt Discrimination As Religious Discrimination: Ruse Or Resolution?, Craig Westergard
Barry Law Review
No abstract provided.
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.
Religious Discrimination Based On Employer Misperception, Dallan F. Flake
Religious Discrimination Based On Employer Misperception, Dallan F. Flake
Law Faculty Scholarship
This Article addresses the circuit split over whether Title VII prohibits discrimination based on an employer's misperception of an employee's religion. This is an especially critical issue because misperception-based religious discrimination is likely to increase as the United States continues to experience unprecedented religious diversification. Some courts read Title VII narrowly to preclude such claims, reasoning that the statutory text only prohibits discrimination based on an individual's actual religion. Other courts interpret the statute more expansively in concluding such claims are cognizable because the employer's intent is equally malicious in misperception and conventional discrimination cases. I argue that the statutory …
Defining The Lifeblood: The Search For A Sensible Ministerial Exception Test, Summer E. Allen
Defining The Lifeblood: The Search For A Sensible Ministerial Exception Test, Summer E. Allen
Pepperdine Law Review
Over the past 40 years, the circuit courts have acknowledged a ministerial exception to Title VII and other anti-discrimination laws that gives churches the freedom to determine who serves in ministerial roles as a voice of a church’s faith. In January of 2012, the Supreme Court officially adopted the exception into its jurisprudence. The opinion, however, left many questions unanswered. Mainly, the decision failed to give any guidance to lower courts regarding who is and who is not a minister. This article traces the history of the ministerial exception and the church autonomy doctrine back to the Religion Clauses in …
Tough Pill To Swallow: Whether Catholic Institutions Are Obligated Under Title Vii To Cover Their Employees’ Prescription Contraceptives, Craig W. Mandell
Tough Pill To Swallow: Whether Catholic Institutions Are Obligated Under Title Vii To Cover Their Employees’ Prescription Contraceptives, Craig W. Mandell
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Title Vii And Flexible Work Arrangements To Accommodate Religious Practice & Belief
Title Vii And Flexible Work Arrangements To Accommodate Religious Practice & Belief
Charts and Summaries of State, U.S., and Foreign Laws and Regulations
This timeline tracks the development of the religious accommodation requirement of Title VII of the Civil Rights Act of 1964. The timeline covers the development of statutory text, relevant EEOC regulations, and Supreme Court precedent.
Employment Law: Congress Giveth And The Supreme Court Taketh Away: Title Vii's Prohibition Of Religious Discrimination In The Workplace, Huma T. Yunus
Employment Law: Congress Giveth And The Supreme Court Taketh Away: Title Vii's Prohibition Of Religious Discrimination In The Workplace, Huma T. Yunus
Oklahoma Law Review
No abstract provided.
Religion In The Workplace: Proceedings Of The 2000 Annual Meeting Of The Association Of American Law Schools Section On Law And Religion, William P. Marshall, Roberto L. Corrada, Michael W. Mcconnell, Joanne C. Brant, Robert W. Tuttle, Ira C. Lupu
Religion In The Workplace: Proceedings Of The 2000 Annual Meeting Of The Association Of American Law Schools Section On Law And Religion, William P. Marshall, Roberto L. Corrada, Michael W. Mcconnell, Joanne C. Brant, Robert W. Tuttle, Ira C. Lupu
Sturm College of Law: Faculty Scholarship
The religion clauses of the Constitution do not have to stand against one another. Viewed broadly they both encourage tolerance of religious practice and belief, the Establishment Clause by not allowing one religion to occupy a place above all others and the Free Exercise Clause by allowing all religions to flourish. The Workplace Religious Freedom Act does no violence to either clause in attempting to restore religion to its place among other important concerns of government
Doing Justice And Loving Kindness: A Comment On Hostile Environments And The Religious Employee, Charlotte Elizabeth Parsons
Doing Justice And Loving Kindness: A Comment On Hostile Environments And The Religious Employee, Charlotte Elizabeth Parsons
University of Arkansas at Little Rock Law Review
No abstract provided.
Hostile Environments And The Religious Employee, Theresa M. Beiner, John M.A. Dipippa
Hostile Environments And The Religious Employee, Theresa M. Beiner, John M.A. Dipippa
University of Arkansas at Little Rock Law Review
No abstract provided.
Primary And Secondary Characteristics In Discrimination Cases, Richard Marshall Abrams
Primary And Secondary Characteristics In Discrimination Cases, Richard Marshall Abrams
Villanova Law Review
No abstract provided.
The Constitutionality Of The 1972 Amendment To Title Vii's Exemption For Religious Organizations, Michigan Law Review
The Constitutionality Of The 1972 Amendment To Title Vii's Exemption For Religious Organizations, Michigan Law Review
Michigan Law Review
This note will examine the constitutionality of the title VII exemption for religious associations, focusing on the extent to which the exemption is required by the free exercise clause and the extent to which it must be limited to avoid conflict with the establishment clause. The religion clauses will be considered solely in the context of the private business sector; this note will not consider the possibility that the establishment clause would require a narrower exemption for a quasi-public institution, such as a broadcast licensee or a religious association receiving public funds.
Religious Discrimination And The Role Of Arbitration Under Title Vii, Harry T. Edwards, Joel H. Kaplan
Religious Discrimination And The Role Of Arbitration Under Title Vii, Harry T. Edwards, Joel H. Kaplan
Michigan Law Review
One of the major thrusts of the Civil Rights Act of 1964, passed by the 88th Congress of the United States after much procrastination and debate, is title VII, the Equal Employment Opportunity Act, which prohibits selected forms of employment discrimination.
In drafting title VII, the proponents of the Act were chiefly concerned with racial discrimination in employment. In fact, the entire Civil Rights Act was written with an eye toward the elimination of the "glaring ... discrimination against Negroes which exists throughout our nation." Given this intent, it is not surprising that, during the hearings and debates preceding the …