Religious Organization Exemption скачать в хорошем качестве

Religious Organization Exemption

If it is illegal to discriminate based on religion, does that mean that churches must hire persons of other faiths and attempt to reasonably accommodate their divergent practices? Title VII contains a religious organization exemption that absolves churches of any liability for discriminating on the basis of religion. Thus, religious organizations can limit employment to or have a preference for persons sharing the same faith. This exemption includes not only church activities but also more secular endeavors (e.g., church-sponsored schools, hospitals), as long as they are nonprofit entities. Moreover, they can facially discriminate in these ways without bearing the burden of establishing bona fide occupational qualifications (BFOQs) based on religion. Furthermore, for constitutional reasons, discrimination on other protected class grounds is not contested where ministerial positions with spiritual functions are involved. Although clergy positions certainly fall within this ministerial exception, the Supreme Court said that it also applied to a teacher at a Lutheran elementary school. Because the definition of religion is fuzzy, it should not be surprising that it is also difficult to pin down exactly what constitutes a religious organization. However, a court found that a religious mission of promoting Christianity on college campuses makes InterVarsity Christian Fellowship/USA a religious organization, even though it is not a church or other traditional religious organization. The mere fact that the owners of a company hold strong religious beliefs is not sufficient to convert a profit-making company into a religious organization.