Religious Employers and Employment Law: Whose Rights?

Religious organizations and their employees fall into a murky and often-overlooked area of labor and employment law. Guests James “Jim” Paul and Michael Subit practice in employment and labor law and are versed in the world of religious employers and their workers. 

Title VII of the Civil Rights Act carves out some interesting exemptions in employment law regarding religion-based businesses, but some recent court rulings seem to conflict with each other. Paul and Subit join host Matt Greer to delve into what constitutes a “religious employer” and where religious beliefs and practices challenge existing employment laws.

A recent appeals court ruling spells out nine questions regarding religion-based retailers, religious hospitals, and other businesses. Is it created for profit? Does it make a secular product? Do articles of incorporation state a religious purpose? All of these considerations may matter.

This issue goes way beyond practicing a religion. Consider same sex marriage, certain behaviors, and reproductive rights. Hear how quickly employer and employee rights can conflict. Is a Supreme Court showdown on the horizon? 

Mentioned in This Episode:

Title VII of the Civil Rights Act of 1964, EEOC

“Ninth Circuit Rules in Favor of Employers in Two Recent Religious Discrimination Cases,” New York University School of Law

“LeBoon v. Lancaster Jewish Community Center Association,” U.S. Third Circuit Court

“McMahon v. World Vision,” Ninth Circuit Court

“Union Gospel Mission of Yakima Washington v. Brown,” U.S. Ninth Circuit Court

“Conway v. Mercy Hospital St. Louis,” Justia.com

The ABA Labor and Employment Law Section 2026 Annual Conference is scheduled for Nov. 4-7, 2026 in Washington, DC 

ABA Labor and Employment Law Section

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