RE: For-Profit Corporations and the Section 702 Exemption
Chris, You may find the following case helpful: Altman v. Sterling Caterers, Inc., 879 F. Supp. 2d 1375 (S.D. Fla. 2012). It deals primarily with the ministerial exception, but contains the following: “But the Court need not grapple with the core issue of whether the ministerial exemption applies to FLSA cases. Instead, the Court can decide the competing summary judgment motions by concluding that the ministerial exemption (if it applies at all) is inapposite here because Sterling is a for-profit commercial caterer, not a religious institution.” Best, Michael From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Gregory S. Baylor Sent: Tuesday, March 10, 2015 1:35 PM To: Law Religion issues for Law Academics Subject: RE: For-Profit Corporations and the Section 702 Exemption For what it’s worth, the EEOC compliance manualhttp://www.eeoc.gov/policy/docs/religion.html#_Toc203359493 indicates that not-for-profit status is a “significant factor” in the analysis, although “no one factor is dispositive.” It cites Townley and Kamehameha. [cid:image001.png@01D05B39.BC4D4B30]http://www.alliancedefendingfreedom.org/ Gregory S. Baylor Senior Counsel 202-393-8690 (Office) 202-888-7628 (Direct Dial) 202-347-3622 (Fax) gbay...@alliancedefendingfreedom.orgmailto:gbay...@alliancedefendingfreedom.org www.alliancedefendingfreedom.orghttp://www.alliancedefendingfreedom.org From: religionlaw-boun...@lists.ucla.edumailto:religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marty Lederman Sent: Tuesday, March 10, 2015 3:40 PM To: Law Religion issues for Law Academics Subject: Re: For-Profit Corporations and the Section 702 Exemption True enough; but if recollection serves, all three judges write a great deal about the importance of the for-profit/nonprofit distinction. On Tue, Mar 10, 2015 at 3:31 PM, Doug Laycock dlayc...@virginia.edumailto:dlayc...@virginia.edu wrote: World Vision is a more recent review of the cases. But World Vision is a non-profit. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546tel:434-243-8546 From: religionlaw-boun...@lists.ucla.edumailto:religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edumailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marty Lederman Sent: Tuesday, March 10, 2015 3:14 PM To: Law Religion issues for Law Academics Subject: Re: For-Profit Corporations and the Section 702 Exemption the split decision in World Vision is probably more relevant now than Townley, FWIW: http://cdn.ca9.uscourts.gov/datastore/opinions/2011/01/25/08-35532.pdf On Tue, Mar 10, 2015 at 2:58 PM, Christopher Lund l...@wayne.edumailto:l...@wayne.edu wrote: Does anyone have any cases addressing the applicability of the Section 702 exemption to for-profit employers? The Section 702 exemption, remember, is what exempts religious groups from the federal ban on religious discrimination in hiring. I have the 9th Circuit decision in Townley Engineering (1988). But I didn't know if there were other lower court cases, and figured the listserv might be a good resource. Thanks! Best, Chris ___ Christopher C. Lund Associate Professor of Law Wayne State University Law School 471 West Palmer St. Detroit, MI 48202 l...@wayne.edumailto:l...@wayne.edu (313) 577-4046tel:%28313%29%20577-4046 (phone) (313) 577-9016tel:%28313%29%20577-9016 (fax) Website-http://law.wayne.edu/profile/christopher.lund/ Papers-http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=363402 ___ To post, send message to Religionlaw@lists.ucla.edumailto:Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. ___ To post, send message to Religionlaw@lists.ucla.edumailto:Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. This e-mail message from Alliance Defending Freedom and any accompanying documents or embedded messages is intended for the named recipients only. Because Alliance Defending Freedom is a legal entity engaged in the practice of law, this communication contains
RE: For-Profit Corporations and the Section 702 Exemption
For what it’s worth, the EEOC compliance manualhttp://www.eeoc.gov/policy/docs/religion.html#_Toc203359493 indicates that not-for-profit status is a “significant factor” in the analysis, although “no one factor is dispositive.” It cites Townley and Kamehameha. [Alliance Defending Freedom]http://www.alliancedefendingfreedom.org/ Gregory S. Baylor Senior Counsel 202-393-8690 (Office) 202-888-7628 (Direct Dial) 202-347-3622 (Fax) gbay...@alliancedefendingfreedom.orgmailto:gbay...@alliancedefendingfreedom.org www.alliancedefendingfreedom.orghttp://www.alliancedefendingfreedom.org From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marty Lederman Sent: Tuesday, March 10, 2015 3:40 PM To: Law Religion issues for Law Academics Subject: Re: For-Profit Corporations and the Section 702 Exemption True enough; but if recollection serves, all three judges write a great deal about the importance of the for-profit/nonprofit distinction. On Tue, Mar 10, 2015 at 3:31 PM, Doug Laycock dlayc...@virginia.edumailto:dlayc...@virginia.edu wrote: World Vision is a more recent review of the cases. But World Vision is a non-profit. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546tel:434-243-8546 From: religionlaw-boun...@lists.ucla.edumailto:religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edumailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marty Lederman Sent: Tuesday, March 10, 2015 3:14 PM To: Law Religion issues for Law Academics Subject: Re: For-Profit Corporations and the Section 702 Exemption the split decision in World Vision is probably more relevant now than Townley, FWIW: http://cdn.ca9.uscourts.gov/datastore/opinions/2011/01/25/08-35532.pdf On Tue, Mar 10, 2015 at 2:58 PM, Christopher Lund l...@wayne.edumailto:l...@wayne.edu wrote: Does anyone have any cases addressing the applicability of the Section 702 exemption to for-profit employers? The Section 702 exemption, remember, is what exempts religious groups from the federal ban on religious discrimination in hiring. I have the 9th Circuit decision in Townley Engineering (1988). But I didn't know if there were other lower court cases, and figured the listserv might be a good resource. Thanks! Best, Chris ___ Christopher C. Lund Associate Professor of Law Wayne State University Law School 471 West Palmer St. Detroit, MI 48202 l...@wayne.edumailto:l...@wayne.edu (313) 577-4046tel:%28313%29%20577-4046 (phone) (313) 577-9016tel:%28313%29%20577-9016 (fax) Website-http://law.wayne.edu/profile/christopher.lund/ Papers-http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=363402 ___ To post, send message to Religionlaw@lists.ucla.edumailto:Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. ___ To post, send message to Religionlaw@lists.ucla.edumailto:Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. This e-mail message from Alliance Defending Freedom and any accompanying documents or embedded messages is intended for the named recipients only. Because Alliance Defending Freedom is a legal entity engaged in the practice of law, this communication contains information, which may include metadata, that is confidential, privileged, attorney work product, or otherwise protected from disclosure under applicable law. If you have received this message in error, are not a named recipient, or are not the employee or agent responsible for delivering this message to a named recipient, be advised that any review, disclosure, use, dissemination, distribution, or reproduction of this message or its contents is strictly prohibited. If you have received this message in error, please immediately notify the sender and permanently delete the message. PRIVILEGED AND CONFIDENTIAL - ATTORNEY-CLIENT COMMUNICATION/ATTORNEY WORK PRODUCT. ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman
RE: For-Profit Corporations and the Section 702 Exemption
As I recall, the leading case in EEOC v Townley Mining and Manufacturing, a Ninth Circuit case. Marc D. Stern General Counsel AJC 212 891 1480 646 289 2707 (c ) 212 891 1495 (f) ste...@ajc.org www.ajc.org Facebook.com/AJCGlobal Twitter.com/AJCGlobal -Original Message- From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Christopher Lund Sent: Tuesday, March 10, 2015 2:59 PM To: 'Law Religion issues for Law Academics' Subject: For-Profit Corporations and the Section 702 Exemption Does anyone have any cases addressing the applicability of the Section 702 exemption to for-profit employers? The Section 702 exemption, remember, is what exempts religious groups from the federal ban on religious discrimination in hiring. I have the 9th Circuit decision in Townley Engineering (1988). But I didn't know if there were other lower court cases, and figured the listserv might be a good resource. Thanks! Best, Chris ___ Christopher C. Lund Associate Professor of Law Wayne State University Law School 471 West Palmer St. Detroit, MI 48202 l...@wayne.edu (313) 577-4046 (phone) (313) 577-9016 (fax) Website-http://law.wayne.edu/profile/christopher.lund/ Papers-http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=363402 ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
Re: For-Profit Corporations and the Section 702 Exemption
True enough; but if recollection serves, all three judges write a great deal about the importance of the for-profit/nonprofit distinction. On Tue, Mar 10, 2015 at 3:31 PM, Doug Laycock dlayc...@virginia.edu wrote: *World Vision* is a more recent review of the cases. But World Vision is a non-profit. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 *From:* religionlaw-boun...@lists.ucla.edu [mailto: religionlaw-boun...@lists.ucla.edu] *On Behalf Of *Marty Lederman *Sent:* Tuesday, March 10, 2015 3:14 PM *To:* Law Religion issues for Law Academics *Subject:* Re: For-Profit Corporations and the Section 702 Exemption the split decision in World Vision is probably more relevant now than Townley, FWIW: http://cdn.ca9.uscourts.gov/datastore/opinions/2011/01/25/08-35532.pdf On Tue, Mar 10, 2015 at 2:58 PM, Christopher Lund l...@wayne.edu wrote: Does anyone have any cases addressing the applicability of the Section 702 exemption to for-profit employers? The Section 702 exemption, remember, is what exempts religious groups from the federal ban on religious discrimination in hiring. I have the 9th Circuit decision in Townley Engineering (1988). But I didn't know if there were other lower court cases, and figured the listserv might be a good resource. Thanks! Best, Chris ___ Christopher C. Lund Associate Professor of Law Wayne State University Law School 471 West Palmer St. Detroit, MI 48202 l...@wayne.edu (313) 577-4046 (phone) (313) 577-9016 (fax) Website-http://law.wayne.edu/profile/christopher.lund/ Papers-http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=363402 ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
Re: For-Profit Corporations and the Section 702 Exemption
the split decision in World Vision is probably more relevant now than Townley, FWIW: http://cdn.ca9.uscourts.gov/datastore/opinions/2011/01/25/08-35532.pdf On Tue, Mar 10, 2015 at 2:58 PM, Christopher Lund l...@wayne.edu wrote: Does anyone have any cases addressing the applicability of the Section 702 exemption to for-profit employers? The Section 702 exemption, remember, is what exempts religious groups from the federal ban on religious discrimination in hiring. I have the 9th Circuit decision in Townley Engineering (1988). But I didn't know if there were other lower court cases, and figured the listserv might be a good resource. Thanks! Best, Chris ___ Christopher C. Lund Associate Professor of Law Wayne State University Law School 471 West Palmer St. Detroit, MI 48202 l...@wayne.edu (313) 577-4046 (phone) (313) 577-9016 (fax) Website-http://law.wayne.edu/profile/christopher.lund/ Papers-http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=363402 ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
RE: For-Profit Corporations and the Section 702 Exemption
World Vision is a more recent review of the cases. But World Vision is a non-profit. Douglas Laycock Robert E. Scott Distinguished Professor of Law University of Virginia Law School 580 Massie Road Charlottesville, VA 22903 434-243-8546 From: religionlaw-boun...@lists.ucla.edu [mailto:religionlaw-boun...@lists.ucla.edu] On Behalf Of Marty Lederman Sent: Tuesday, March 10, 2015 3:14 PM To: Law Religion issues for Law Academics Subject: Re: For-Profit Corporations and the Section 702 Exemption the split decision in World Vision is probably more relevant now than Townley, FWIW: http://cdn.ca9.uscourts.gov/datastore/opinions/2011/01/25/08-35532.pdf On Tue, Mar 10, 2015 at 2:58 PM, Christopher Lund l...@wayne.edu mailto:l...@wayne.edu wrote: Does anyone have any cases addressing the applicability of the Section 702 exemption to for-profit employers? The Section 702 exemption, remember, is what exempts religious groups from the federal ban on religious discrimination in hiring. I have the 9th Circuit decision in Townley Engineering (1988). But I didn't know if there were other lower court cases, and figured the listserv might be a good resource. Thanks! Best, Chris ___ Christopher C. Lund Associate Professor of Law Wayne State University Law School 471 West Palmer St. Detroit, MI 48202 l...@wayne.edu mailto:l...@wayne.edu (313) 577-4046 tel:%28313%29%20577-4046 (phone) (313) 577-9016 tel:%28313%29%20577-9016 (fax) Website-http://law.wayne.edu/profile/christopher.lund/ Papers-http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=363402 ___ To post, send message to Religionlaw@lists.ucla.edu mailto:Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others. ___ To post, send message to Religionlaw@lists.ucla.edu To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/religionlaw Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
