Qualifying for the Title VII Religious Organization Exemption: Federal Circuits Split over Proper Test

Authors

Roger W. Dyer Jr.

Abstract

While the United States Supreme Court has upheld the constitutionality of a law permitting religious organizations to exercise a religious preference when making employment decisions, courts remain at odds over the proper test for determining whether an organization is "religious." This conflict highlights the tension between Title VII of the Civil Rights Act and the First Amendment's religion clauses. When Congress passed Title VII, it took the first step toward its goal of "eliminat[ing] all forms of unjustified discrimination in employment." Title VII prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. Title VII generally applies to religious organizations; however, in order to avoid offending the religion clauses, Congress added an exemption, codified in section 702 of the Act, for "religious corporation[s], association[s], educational institution[s], or societ[ies]" with respect to Title VII's prohibition against religion-based discrimination

Recommended Citation

Roger W. Dyer Jr., Qualifying for the Title VII Religious Organization Exemption: Federal Circuits Split over Proper Test, 76 Mo. L. Rev. (2011)
Available at: https://scholarship.law.missouri.edu/mlr/vol76/iss2/8