The 3rd Circuit has vacated its decision on the so-called "ministerial exception," which typically exempts religious institutions from religious discrimination charges.
The court ruled that the ministerial exception doesn't apply to cases in which the alleged discrimination had nothing to do with the employee's religious practices or religion. (Petruska v. Gannon University) The court referred the case for rehearing. Reason: One of the judges who heard the case has died and another has recused himself. Two new judges will be appointed to complete the panel for rehearing.
- Keep applications clean; jotting notes may trigger hiring-bias claims
- OK to discipline worker who has complained, but be sure you can justify your decision
- Older worker's performance falling? Document the decline before discharge
- Follow the discipline rules in your handbook to defeat discrimination claims
- Keep your inbox running on empty