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Lutheran University Entitled To Title VII Exemption For Religious Hiring; Exemption Cannot Be Waived

By Howard M. Friedman

In Ginsburg v. Concordia University, (D NE, Jan. 5, 20110), a Nebraska federal district court held that that a Lutheran university sued under title VII of the 1964 Civil Rights Act is entitled to the exemptions provided by the statute for religious-based hiring by religious educational institutions (42 USC 2000e-1) and by religious colleges (42 USC 2000e-2). The lawsuit was brought by a woman's softball coach who claimed he was dismissed because he was Catholic, not Lutheran. The court rejected plaintiff's argument that the school waived its exemption when it hired him knowing he was not Lutheran. The court held that an institution cannot waive its right to assert the statutory exemptions, and that the exemption covers those employed in any of the institution's activities, not just in activities overtly religious in nature. The case is covered in yesterday's BNA Daily Labor Report (subscription required).   [Thanks to Steven H. Sholk for the lead.]

Full post as published by Religion Clause on January 08, 2011 (boomark / email).