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U.S. Supreme Court rules in favor of religious employers, Trump administration

August 2020 employment law letter
Authors: 
Wesley C. Redmond and Jeffrey G. Douglas, FordHarrison LLP

On July 8, the U.S. Supreme Court decided two cases, both by 7-2 votes, involving religion’s impact on employment. First, the Court clarified the applicability of the ministerial exemption for religious schools and organizations from the federal antidiscrimination laws. Second, the Court upheld two Trump administration interim rules stating employers with sincerely held religious beliefs or moral objections to providing insurance coverage or payments for contraceptive services can’t be required to offer the coverage or payments.

Ministerial exception

Facts. For the first ruling, the Court consolidated two cases, each involving educators at Catholic elementary schools. As part of their employment, both teachers signed agreements stating their role was to promote the school’s religious mission, and they received employee handbooks declaring the same. After their agreements weren’t renewed, both filed discrimination charges with the Equal Employment Opportunity Commission (EEOC)—one under the Age Discrimination in Employment Act (ADEA) and the other under the Americans with Disabilities Act (ADA).

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