Open Issues 1 Year After Justices' Religious Exemption Ruling

Law360 (June 30, 2021, 5:52 PM EDT) -- Can a Catholic school fire an elementary school teacher because of her disability and escape ADA liability?

It can if the teacher led the students in prayer, took them to chapel and taught them tenets of the faith.

That's the essential holding of Our Lady of Guadalupe School v. Morrissey-Berru, a July 2020 opinion in which the U.S. Supreme Court further defined the boundaries of the ministerial exception. A judicially created doctrine grounded in the First Amendment of the U.S. Constitution, this exception shields religious institutions from employment-related liability in circumstances involving ministerial employees.

On the first anniversary of the decision,...

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