Archive | ADEA

Heavenly Music: Music Director Is a “Minister” so Lawsuit Is Dismissed

Discrimination Laws Don’t Apply to Religious “Ministers”

In the realm of employment law, the “ministerial exception” prohibits the application of federal anti-discrimination laws to claims concerning the employment relationship between a religious institution and its ministers.  Exactly who qualifies as a minister under the ministerial exception is being determined by the courts on a case-by-case basis.  Recently, the Fifth Circuit, which covers Louisiana, Mississippi and Texas, concluded that a music director at a catholic church was a minister for purposes of the ministerial exception.  Because the ministerial exception applied, the music director’s lawsuit was dismissed. Continue Reading →

Statistics Tell Us What the EEOC Is Doing These Days

The EEOC keeps track of what it’s doing.  Fiscal year statistics of filings in the various categories of discrimination show what’s trending in the most active areas of “interest” for employees and the EEOC. With that in mind, employers often find it helpful to stay on top of trends in those charges.   Continue Reading →

New EEOC Age Discrimination Rule on “Reasonable Factors Other Than Age” – Effective April 30

On March 30, 2012, the EEOC published its final rule providing guidance on the applicability of an important employer defense to claims of disparate impact under the Age Discrimination in Employment Act (“ADEA”).   The ADEA prohibits employment discrimination against people who are 40 years of age or older.  The rule applies to private employers with 20 or more employees, state and local government employers, employment agencies and labor organizations.

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