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Religious Organization's Right to Discriminate
Title VII of the Civil Rights Act of 1964 generally prohibits any sort of employment discrimination based on sex, race, national origin, or religion. However, there is a notable exception to the rule: Religious organizations are allowed to discriminate on the basis of their religion. This seems to be common sense (i.e. it would be ridiculous to force the Catholic Church to hire an atheist priest, or a Temple to hire a Christian Rabbi).
But this exeption does not just apply to those in ministerial roles. Churches and religious organizations generally have a broad exemption from religious discrimination, covering all their employees. This means that a church, for instance, is allowed to hire only Christian janitors or gardeners, even though religion plays no fundamental part in their duties.
What is a "Religious Organization?"
What qualifies as a "religious organization" is a somewhat gray area. Churches and mosques are easily classified as religions organizations, but what about schools that claim a religious foundation but are not entirely religious. These are harder to classify.
The key factors to consider are those that show the institution has a purpose which is primarily religious:
- Articles of incorporation that state a religious purpose
- Operating day to day with religion as a primary focus
- Whether it is a for-profit organization
A court will look at all of its "religious and secular characteristics" on a case-by-case basis in making its determination.
It is also important to note that the "religious organization exception" is limited to discrimination based on religion. Religious organizations are generally not permitted to discriminate on other protected categories, such as race, national origin, or sex.
How Can an Attorney Help?
If you feel you have been discriminated against because of your religion or your lack of one, but are unsure as to whether your employer qualifies as a "religious organization," an experienced employment discrimination attorney will be of great help. An attorney will be familiar with what sorts of organizations the courts have found exempt before, and how best to file your case. Even if your employer is a religious organization, a good lawyer can possibly show that the discrimination against you wasn't solely based on religion, and keep the case moving forward.
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