Tag: First Amendment
DEFENSES AGAINST CLAIMS BY FIRED TEACHERS
Religious schools and churches periodically terminate or discipline a teacher or other employee who violated tenets of the religion at issue, such as premarital cohabitation. Employers taking such actions have a complete defense to discrimination claims arising from such decisions based on the religion clauses of the First Amendment to the U.S. Constitution and the corresponding provisions of the Oregon Constitution. The First Amendment to the U.S. Constitution provides, in part, that “Congress shall make…
MINISTERIAL EXCEPTION TO DISCRIMINATION CLAIMS BY TEACHERS
Teachers and other employees of religious schools sometimes sue for discrimination, including claims under the Americans With Disabilities Act (ADA). The law, however, recognizes a ministerial exception to such claims based on the First Amendment to the U.S. Constitution, which states, in relevant part, that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The ministerial exception precludes application of employment discrimination statutes to claims concerning the employment…
THE AUTHORITY TO EXPEL & DISCIPLINE STUDENTS
Religious schools periodically decide to expel a student for misconduct in the middle of a school year or to not re-enroll a student for the next school year. Parents and students sometimes respond with the threat of a lawsuit if the student is expelled. Religious schools facing this scenario should realize that they have much greater authority to expel a student than a public school, and, therefore, any such claim can be defeated. First, the…
The U.S. Supreme Court recently held that a town can open its board meetings with a Christian prayer without violating the First Amendment
In Town of Greece, New York v. Galloway, 134 Supreme Court 1811 (2014), the U.S. Supreme Court decided whether the town of Greece, New York, imposes an impermissible establishment of religion by opening its monthly board meetings with a Christian prayer. The Court held that no violation of the U.S. Constitution was shown. In Greece, a town of 94,000 in upstate New York, monthly town board meetings begin with an invocation by a local clergyman…