The just-concluded U.S. Supreme Court term was an eventful one for parochial schools and other religious employers. On June 15, the court held in Bostock v. Clayton County , 590 U.S. ____ (2020), that Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees because of sexual orientation or transgender status. Particularly for organizations affiliated with more traditional religious denominations, the Bostock decision raises issues as to the extent to which religious employers may be required to alter their hiring practices. However, just under a month later, on July 8, the court issued its decision in Our Lady of Guadalupe School v. Morrissey-Berru (consolidated with St. James School v. Biel ), 591 U.S. ___ (2020). In that decision, the court held that two schoolteachers could not sue their religious schools under the Age Discrimination in Employment Act (ADEA) or the Americans With Disabilities Act (ADA) due to the “ministerial exception” to the federal employment discrimination laws. On July 8, the court also issued its decision in Little Sisters of the Poor v. Pennsylvania , 591 U.S. ____ (2020), upholding regulations that exclude religious employers from the obligation, under the Affordable Care Act (ACA), to […]
