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

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?

If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance.  Credit totals for other formats are for complete programs.  Partial credit is not available for any online or downloadable format. 

West LegalEdcenter will not provide accreditation for states not listed. 

This product is intended for individual use by the named purchaser. Group viewings for online programs may be arranged for five or more attorneys within the same organization prior to viewing by emailing west.wlec-sales@thomson.com.