While religious institutions do not “enjoy a general immunity from secular laws,” a doctrine known as the ministerial exception grants religiously affiliated schools broad autonomy in employment decisions surrounding those who perform “vital religious duties” including “educating young people in their faith, inculcating its teachings, and training them to live their faith.” Does this doctrine provide a defense against liability in employment discrimination claims or grant a broader immunity to these institutions? What does it look like when applied in the higher education context? Who is a “minister” and what is a “religious organization?” These and more questions must be answered to guide private, religious schools.
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Oct
27