Supreme Court on ADA Civil Rights in Parochial Schools

[twinturbo]

This is regarding employment but still worth a read and following because of the subject matter. There is no decision yet.

http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202514591940&Can_civil_rights_be_religious_wrongs&slreturn=1#

[ajasfolks2]

You rock for getting that link & info here.  Thank you!  Please update if you can . . .

 

[twinturbo]

Read a couple of related cases. When DH gets back from out of country I'm on it like green on bean.

Parking a URL here on Ohio Civil Rights Commision v. Dayton Christian Public Schools, Inc. Basically states that the EEOC does have jurisdiction where the state has interest and its jurisdiction in state courts provides sufficient consideration and protection constitutional rights for religious institutions.

SCOTUS blog on Hosanna-Tabor Evangelical Luther Church and School v. EEOC. Complete with at least 31 amicus briefs.

A big part of this case was about whether churches can have immunity if they punish whistleblowers, or, in other words, whether religious employers may retaliate against employees who report discrimination to the appropriate secular authorities (such as the EEOC or its state counterparts) and/or the courts.  After all, Perich was fired because she invoked her rights under the ADA.  That is a classic retaliation fact pattern.

As Justice Breyer pointed out at oral argument, there is reason enough to question whether Hosanna-Tabor’s treatment of Perich was truly based on a religious belief, or just a gambit to punish her for being disabled and/or invoking her rights under the ADA.

[ajasfolks2]

Possibly useful for private school info:

US Department of Education

State Regulation of Private Schools

http://www2.ed.gov/admins/comm/choice/regprivschl/regprivschl.pdf