Education & Youth

Amicus, Courts & Judicial Interpretation, Education & Youth, Freedom of Expression, Labor and Employment

Employment Discrimation and Who is a "Minister"?

In a unanimous decision, the Supreme Court held on Wednesday that a “ministerial exception” barred a parochial school teacher from pursuing an employment discrimination claim against the church that runs the school. This opinion dramatically limits the scope of protection provided to religious employees under the “primary duties” test, the standard previously used by several federal circuits. Although lower courts can continue to carve out areas in which exceptional circumstances may compel the conclusion that the ministerial exception need not apply, “ministers” now receive no protection under civil rights or other discrimination statutes.

Amicus, Education & Youth

Is Necessity the Mother of Advertisements?

In an attempt to offset fiscal woes, Pennsylvania’s Pennsbury School District recently contracted to allow extensive advertising in its schools. The ads—the district plans to install over 200—will be located on the walls, floors, lockers, and cafeteria tables of Pennsbury’s 16 primary, middle, and high schools.

Amicus, Education & Youth, Freedom of Expression, Labor and Employment

Employment Discrimination Law in Parochial Schools

“[T]his is tough and I’m stuck on this.” Justice Breyer expressed the prevailing theme of the oral arguments before the Supreme Court in Hosanna-Tabor v. EEOC. The oral arguments demonstrated that the justices are having a difficult time delineating the boundaries of the ministerial exception. Professor Laycock sketches out a broad ministerial exception that would prevent judges from interpreting religious doctrines where a church’s interpretation could reasonably vary […]

Education & Youth, Events

Colloquium: Live Blog: The Right to Comprehensive Educational Opportunity

In his article forthcoming in Volume 47:1 of the Harvard Civil Rights-Civil Liberties Law Review, “The Right to Comprehensive Educational Opportunity,” Michael A. Rebell, a professor at Columbia University Teachers College, argues for the recognition of a constitutional right to quality education for all children. The author was joined by Dean Martha Minow, Chair of the Institute for Educational Leadership Marty Blank, and Massachusetts Secretary of Education Paul Reville for a panel discussion of his article.

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