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Recovery from Mormonism (RfM) discussion forum. 
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Posted by: babyloncansuckit ( )
Date: July 05, 2021 11:13AM

How do religious organizations hire if they aren’t allowed to discriminate on the basis of religion?

Asking for a friend.

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Posted by: Dr. No ( )
Date: July 05, 2021 11:18AM

Say one thing, do another
(just a guess)

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Posted by: [|] ( )
Date: July 05, 2021 04:36PM

"Religious Organization Exception: Under Title VII, religious organizations are permitted to give employment preference to members of their own religion. The exception applies only to those institutions whose “purpose and character are primarily religious.” Factors to consider that would indicate whether an entity is religious include: whether its articles of incorporation state a religious purpose; whether its day-to-day operations are religious (e.g., are the services the entity performs, the product it produces, or the educational curriculum it provides directed toward propagation of the religion?); whether it is not-for-profit; and whether it affiliated with, or supported by, a church or other religious organization.

This exception is not limited to religious activities of the organization. However, it only allows religious organizations to prefer to employ individuals who share their religion. The exception does not allow religious organizations otherwise to discriminate in employment on the basis of race, color, national origin, sex, age, or disability. Thus, a religious organization is not permitted to engage in racially discriminatory hiring by asserting that a tenet of its religious beliefs is not associating with people of other races.

Ministerial Exception: Courts have held that clergy members generally cannot bring claims under the federal employment discrimination laws, including Title VII, the Age Discrimination in Employment Act, the Equal Pay Act, and the Americans with Disabilities Act. This “ministerial exception” comes not from the text of the statutes, but from the First Amendment principle that governmental regulation of church administration, including the appointment of clergy, impedes the free exercise of religion and constitutes impermissible government entanglement with church authority. The exception applies only to employees who perform essentially religious functions, namely those whose primary duties consist of engaging in church governance, supervising a religious order, or conducting religious ritual, worship, or instruction. Some courts have made an exception for harassment claims where they concluded that analysis of the case would not implicate these constitutional constraints."

Regarding Our Lady of Guadalupe School v. Morrissey-Berru:

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Posted by: Brother Of Jerry ( )
Date: July 05, 2021 09:40PM

Short version: they ARE allowed to discriminate on the basis of religion. And race, gender, age, marital status, and disability.

This waiver is not nearly as broad when it comes to church-run educational institutions, though knowing the scope of those rules is way above my pay grade.

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Posted by: azsteve ( )
Date: July 05, 2021 09:07PM

I could just imagine a trans-gendered black guy in 1976 who smokes and drinks alcahol, suing the Mormon church for not hiring him to clean the temples.

Churches are allowed to have their own government with certain exemptions from civil laws being allowed if there is a religious reason. For example, some Native American tribes are allowed to smoke Payote which is prohibited by law for the rest of us.

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Posted by: dagny ( )
Date: July 05, 2021 10:09PM

But the facts are that religious people are being sent to training camps (sometimes disguised as "faith promoting") by church leaders, where they are forced to admit their guilt for being human or to admit their "sin privilege", in shame.

(Sorry, couldn't resist joining in the silliness.)

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Posted by: Done & Done ( )
Date: July 06, 2021 10:36AM

I would like to contribute ideas on how religious discrimination works but first I have to get this Jello nailed to the wall.

As for religion in this country you may want to look up the term Carte Blanche.

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