Promoting Employee Faithfulness in the Face of Increasing Employment Regulation and an Increasingly Hostile Culture – A Guide for Cardinal Newman Society Institutions
(Click here for Copy of the Guide)
On June 15, 2020, in Bostock v. Clayton Cty., Georgia, 140 S. Ct. 1731 (2020), the U.S. Supreme Court found that sexual orientation and gender identity (SOGI) discrimination were encompassed by “sex” discrimination in Title VII of the Civil Rights Act of 1964 (“Title VII”).
While Bostock was important, thirty-two states and the District of Columbia had previously adopted statutes protecting SOGI rights before the Supreme Court’s decision. These dramatic shifts, adopted at lightning speed compared to the laws’ ordinary pace of change, have created new questions and ambiguities that necessitate care and preparation by all institutions that seek to remain faithful.
This decision presents unique challenges to educational institutions that exist to integrate their Catholic faith and beliefs in all aspects of education and student formation, from academics to activities to relationships outside the classroom. As a result, The Cardinal Newman Society asked Samuel W. Diehl and Sharon A. Rose of the Cross Castle law firm to provide the guide, “Promoting Employee Faithfulness in the Face of Increasing Employment Regulation and an Increasingly Hostile Culture” to assist with this work.
The objective of this Guide is to provide Catholic institutions with a better understanding of the current statutory and regulatory frameworks that may impact their right to hire and fire employees based on faith, and practical tools and strategies to avoid lawsuits and government investigations and to extricate themselves quickly in the event an employment dispute arises.
The Guide proceeds in three parts. Part I sets out the pertinent federal equal employment statutes and exemptions and discusses state and local employment law and retaliation statutes. Part II describes the exceptions from discrimination statutes mandated by the U.S. Constitution. Part III provides strategies and best practices to strengthen faithfulness within an institution in order to minimize legal risk.
The Guide is focused on employee issues related to hiring, retention, and termination and does not address penumbral issues to religious employment, such as tax issues related to housing allowance or social security elections, employee benefits, or joint employment issues.
It is important to note that this Guide attempts to provide helpful suggestions regarding certain, limited legal issues. However, its brief length and general nature should prevent any reader from relying on these suggestions for legal advice concerning any specific facts or circumstances. Readers should consult a qualified lawyer concerning specific legal questions and issues that arise.
Click here for a pdf of the Guide.