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Religious Employment Law Case Article
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Labor and Employment Law – Try and Stay Awake
from:Labor and employment law is an extremely broad area including all facets of an employer/employee relationship. There is an exception to that in labor and employment law – and that is the negotiation process covered by labor law and collective bargaining.
Labor and employment laws consist of thousands of federal and state statutes, administrative regulations, and judicial decisions. The area is so vast you usually need a lawyer to help you sort things out. But if you want to try researching labor and employment law yourself, you can always take it one step at a time.
In the area of labor and employment law you will find things like the minimum wage regulations. These were put into place to protect the workforce. (e.g., minimum wage regulations) Minimum wage regulations were enacted as protective labor legislation. Other labor and employment law niches deal with public insurance e.g. unemployment compensation.
Considering the rich cultural diversity of the US, one of the hottest areas of labor and employment law is employment discrimination. Sad but true, that often there is a need to enforce basic human rights when it comes to the workplace.
The employment discrimination laws are there to prevent discrimination based on race, sex, religion, national origin, physical disability and age. These items are considered to be the basic "touchstones" of the discrimination movement. Having said that, you will also note another area of employment discrimination law that is growing by leaps and bounds – the area covering discrimination based on sexual orientation. This would include bias in hiring, promoting, job assignments, terminations, compensation and other types of harassment.
The US Constitution and some state constitutions also give added protection when the employer is the government or a governmental body or where the government has fostered/promoted discrimination by an employer.
There is even further protection from discrimination in the powerful Fifth and Fourteenth Amendments of the United States Constitution. They specifically limit the power of the federal and state governments to discriminate. Of interest is the fact that the Fifth explicitly spells out that the federal government can not deprive individuals of "life, liberty, or property," without due process of the law. Along the same lines, the Fourteenth prohibits states from violating an individual's rights of due process and equal protection.
Although these areas of labor and employment law are at times dry and convoluted, they have laid the foundation for the fostering of dignity in the human rights and discrimation fields. Without this kind of labor and employment law in effect, one can't even begin to imagine what the workforce might be like.
Religious Employment Law Case News
Campaigning on Contraception: Obama's Calculus - ABC News (blog)
 The Plank on TNR.com (blog) | Campaigning on Contraception: Obama's Calculus ABC News (blog) Marcia Greenberger, co-president National Women's Law Center, said regardless of the religious and constitutional concerns – or a potential reversal or compromise by the administration – the debate elevates what's at risk for women in 2012. Whose Conscience? Religious Institutions Matter. So Do Their Employees. Obama angers Catholic voters |
JOSEPH REISERT: Obama shouldn't try to compel religious groups to toe secular line - Kennebec Journal
 Kennebec Journal | JOSEPH REISERT: Obama shouldn't try to compel religious groups to toe secular line Kennebec Journal In the Hosanna-Tabor Evangelical Lutheran Church and School case, the government intervened in an employment dispute between the religious school and one of its instructors, Cheryl Perich. Perich served the school as a "called" teacher, ... |
Is the Catholic Hospital Rule Unconstitutional? No. - South Dakota Politics (blog)
Is the Catholic Hospital Rule Unconstitutional? No. South Dakota Politics (blog) In Hosanna-Tabor, the Court carved out a "ministerial exception" to employment discrimination laws. The Free Exercise Clause gives churches a complete discretion to appoint and dismiss ministers and other religious functionaries, free from government ... Does the Supreme Court's 'Hosanna-Tabor' Decision Apply to Religious Student ... Be careful what you wish for |
Is the Peyote Case on Its Deathbed? - National Review Online (blog)
Is the Peyote Case on Its Deathbed? National Review Online (blog) It offered a set of arguments (such as that Amish children don't typically grow up to become wards of the state) that could help distinguish this case from other claims that religious people don't have to follow certain laws. |
Are clergy public servants? - Washington Post (blog)
Are clergy public servants? Washington Post (blog) “Generally, the type or nature of employment with the organization does not matter for PSLF purposes. However, if you work for a non-profit organization, your employment will not qualify for PSLF if your job duties are related to religious instruction, ... |
Supreme Court Affirms Religious Exception Allowing Discrimination, Retaliation - In These Times
 In These Times | Supreme Court Affirms Religious Exception Allowing Discrimination, Retaliation In These Times By Josh Eidelson In a unanimous ruling last month, the US Supreme Court upheld for the first time a “ministerial exception” limiting the rights of some employees under the Americans with Disabilities Act. In the case, Hosanna-Tabor Evangelical Lutheran ... |