California Employment Law Update

Tag Archives: religion

May 2023 California Employment Law Notes

By Tony Oncidi on Posted in Age discrimination, California Labor & Employment Law, Computer and Internet Use, Day Laborers, Discrimination, Employee Benefits, Employment Contracts, Employment Law Notes, Employment Policies, Independent Contractors, Privacy, Religion
We invite you to review our newly-posted May 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Art Teacher’s Age Discrimination Case May Not Be Barred By “Ministerial Exception” Users May Have Privacy Interest In Emails Sent Over Company Network Absent Express … Continue Reading

Art Teacher’s Age Discrimination Case May Not Be Barred By “Ministerial Exception”

By Tony Oncidi on Posted in Age discrimination, California Labor & Employment Law, Discrimination, Employment Law Notes, Religion, Uncategorized
Atkins v. St. Cecilia Catholic Sch., 2023 WL 3142316 (Cal. Ct. App. 2023) Frances Atkins was a long-term employee of St. Cecilia Catholic School, and in her final year with the school, she worked part-time as an art teacher and office administrator.  Following the termination of her employment, Atkins sued the school for age discrimination in … Continue Reading

California Increases Protection of Religious Expression in the Workplace

By Tony Oncidi on Posted in Employment Law Notes, FEHA, New and Proposed Laws and Legislation, Reasonable Accommodation, Religion
Effective January 1, 2013, California employers will be required to accommodate their employees’ religious dress and grooming practices. Governor Brown has signed into law the “Workplace Religious Freedom Act of 2012” (authored by Assemblymember Mariko Yamada (D-Davis)), which specifies that religious dress and grooming practices shall be considered a protected religious observance under the California … Continue Reading

Former Church Ministers May Not Proceed With Trafficking Victims Protection Act Claims

By Tony Oncidi on Posted in Employment Law Notes, Religion
Headley v. Church of Scientology Int’l, 687 F.3d 1173 (9th Cir. 2012) Marc and Claire Headley were ministers in the Sea Organization (“Sea Org”), which is an elite religious order of the Church of Scientology. The Sea Org demands much of its ministerial members, renders strict discipline, imposes stringent ethical and lifestyle constraints and goes … Continue Reading

Teacher/Minister’s Disability Discrimination Claim Is Barred By The First Amendment

By Tony Oncidi on Posted in ADA, Disability, Employment Law Notes, Religion, Supreme Court, Wrongful Termination
Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, 565 U.S. ___, 132 S. Ct. 680 (2012) Cheryl Perich was a “called” teacher for the church and also had the formal title of “Minister of Religion, Commissioned.” After Perich developed narcolepsy, the church replaced her with a lay teacher and eventually terminated her employment for “insubordination … Continue Reading

Ministerial Exception Barred School Employee’s Wrongful Termination Claims Against Church

By Tony Oncidi on Posted in Discrimination, Employment Law Notes, FEHA, Religion, Wrongful Termination
Henry v. Red Hill Evangelical Lutheran Church, 201 Cal. App. 4th 1041 (2011) Sara Henry taught preschool children at the Red Hill Evangelical Church of Tustin; she was also the director of the preschool. Henry, who is Catholic, was not required to be Lutheran (only a practicing Christian) and was aware of the “Christian-based, Bible-based … Continue Reading
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