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Expert Analysis

Toward A Good Faith Version Of The Ministerial Exception

By R. Scott Oswald (May 19, 2020, 6:07 PM EDT) -- In Hosanna-Tabor v. U.S. Equal Employment Opportunity Commission, the U.S. Supreme Court blessed the idea of a "ministerial exception" to employment discrimination laws, holding unanimously in 2012 that — as a constitutional matter — courts may not interfere in the hiring or firing of "ministers" by religious organizations, even where a plaintiff has claimed bias that is unrelated to religion....

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