Title VII: Religious Exemption & Non-Religious Discrimination

Under Title VII of the Civil Rights Act of 1964, are religious organizations exempt from the reach of employment discrimination claims NOT based on religion? Here's my point of view (NOTE: please read our DISCLAIMER before proceeding).

THE RELIGIOUS ENTITIES EXEMPTION

The relevant law is contained in 42 U.S.C. §2000e-1(a) as follows:

(a) Inapplicability of subchapter to certain aliens and employees of religious entities. 

This subchapter shall not apply to an employer with respect to the employment of aliens outside any State, or to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities.

Id. 

According to this religious exemption, “Section 702 of the Civil Rights Act of 1964, 78 Stat. 255, as amended, 42 U.S.C. § 2000e-1, exempts religious organizations from Title VII’s prohibition against discrimination in employment on the basis of religion.” Saeemodare v. Mercy Health Services-Iowa Corp., C 05-4136-MWB (US Dist. Ct. N.D. Iowa, Western Division, 2006) (quoting Corporation of Presiding Bishop of Church of Jesus Christ of Latter-Day Saints v. Amos, 483 U.S. 327, 329 (1987)) (internal quotation marks omitted) (emphasis added).

CONCLUSION

In my opinion, religious organizations may not claim the religious exemption against a Title VII discrimination claim based on a protected class other than religion; stated differently, the Title VII exemption will only apply to a plaintiff's claims of religious discrimination by a religious organization.

LEARN MORE

If you would like to learn more, then consider contacting an experienced Washington State Employment Discrimination Attorney as soon as possible to discuss your case. Please note: the information contained in this article is not offered as legal advice and will not form an attorney-client relationship with either this author or Williams Law Group, PS; please see our DISCLAIMER.

–gw

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