Program Details
On Demand

Constitutional Promises of Religious Liberty and Civil Rights in Employment: Who Decides Which Is Paramount if They Are in Conflict?



Content Partner:  Boston Bar Association
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Description:

How do we best protect the constitutional guarantees of religious liberty and civil rights when religious institutions are involved?  Both the U.S. Supreme Court and the Supreme Judicial Court of Massachusetts are currently addressing this issue as they determine the scope of application of anti-discrimination law to employees of religious institutions.  In Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, the U.S. Supreme Court is deciding whether the ministerial exemption (i.e., an exception to the application of anti-discrimination laws) applies to a teacher at a religious elementary school who teaches the full secular curriculum, but also teaches daily religion classes, is a commissioned minister, and regularly leads students in prayer and worship.  A similar issue is presented in Temple Emmanuel v. MCAD, where a former religious-school teacher claimed age discrimination, but the Temple declined to participate in the administrative proceedings before the MCAD based on the ministerial exemption.  

The expert panel will address, among other things: Does our understanding of the ministerial exemption from government involvement apply only to clergy or also to other employees, such as teachers, of religious institution?  Do such exemptions apply only to religious doctrine or to all matters in their employment?  And who decides where and when the exemption applies?



Practice Areas: Civil Rights, Constitutional Law, Employment Law, Labor Law, Litigation & Appeals
Online Media Type: Video, Audio
Production Date: 01/24/2012
Level: Intermediate
Category: Standard
Duration: 1 Hours, 19 Minutes
Online Format: On Demand

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Total Credits: 1.25
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Status: Reciprocal Credit Available
Expiration: N/A
Training Type: Online

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Speakers:
Thomas J. Carey, Jr., Esq. - Collora LLP
Barbara A. Robb - Shilepsky Hartley Robb Casey Michon LLP
Marc S. Stern - Global Jewish Advocacy
This product is designed to provide information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.


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