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.
- Higher standards OK for probationary employees
- Don't count on second opinion as an excuse to reject FMLA leave
- Get expert advice when accommodating an employee's learning disability
- Generalized harassment isn't considered retaliation under CEPA
- Preach secular management: Train supervisors to shun religious bias