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lorddix
New Member
USA
22 Posts |
 Posted - 11/06/2007 : 10:40:58 [Permalink]
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Actually under current Federal Law it is legal for a religious organization to discriminate in hiring based upon religion. It is an exemption to Title VII of the Civil Rights Act of 1964.
EXEMPTION
SEC. 2000e-1. [Section 702]
(a) This subchapter shall not apply to an employer with respect
to the employment of aliens outside any State, or to a religious
corporation, association, educational institution, or society with respect
to the employment of individuals of a particular religion to perform work
connected with the carrying on by such corporation, association,
educational institution, or society of its activities.
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This exemption was found to be constitutional by the U.S. Supreme court in the case of CORPORATION OF PRESIDING BISHOP v. AMOS, 483 U.S. 327 (1987) |
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marfknox
SFN Die Hard
USA
3739 Posts |
Posted - 11/06/2007 : 11:15:52 [Permalink]
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| The more deeply I think about this issue the more I'm persuaded to change my thinking on the whole organizations which get non-profit status. As as for employers in general, perhaps the only clear area where discrimination makes sense and isn't bigoted is when it comes to theatrical roles (a 23 year old woman playing "King Lear" just doesn't work unless it is some sort of experimental production) Although some of my thinking gets into bizarre areas. For instance, being clergy is a job, and many clergy are employees at a church or whatnot. Er, nevermind. I think I'm entering a train of thought that isn't going to go anywhere useful. |
"Too much certainty and clarity could lead to cruel intolerance" -Karen Armstrong
Check out my art store: http://www.marfknox.etsy.com
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Dave W.
Info Junkie
USA
26020 Posts |
Posted - 11/06/2007 : 11:26:42 [Permalink]
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Welcome to the SFN, lorddix! How very nice of you to prove us all wrong. *@*&$#@*&^@!! Pbbbbbbt!
It's also the case that § 2000e–2(e)(1) reads,it shall not be an unlawful employment practice for an employer to hire and employ employees... on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise I'm sure that's how strip clubs operate (and also theater groups, marf).
Interestingly, the code still contains a provision, § 2000e–2(f), that allows employers to not hire Commies. |
- Dave W. (Private Msg, EMail)
Evidently, I rock!
Why not question something for a change?
Visit Dave's Psoriasis Info, too. |
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Ricky
SFN Die Hard
USA
4907 Posts |
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HalfMooner
Dingaling
Philippines
15831 Posts |
Posted - 11/06/2007 : 11:57:36 [Permalink]
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Originally posted by Dave W.
Hooters' current employee handbook makes it clear that its wait staff are being "cast" in "roles." I haven't heard of any lawsuits in, say, Hollywood from men turned down for female roles. Do filmmakers have some sort of exemption?
Oh, as part of the discrimination lawsuit settlement, Hooters created jobs that are staffed without regard to sex.
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Actually, yes, as I recall. There are show business exemptions for this. Gender can be a requirement for a role.
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“Biology is just physics that has begun to smell bad.” —HalfMooner
Here's a link to Moonscape News, and one to its Archive. |
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Dave W.
Info Junkie
USA
26020 Posts |
Posted - 11/06/2007 : 11:57:39 [Permalink]
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Originally posted by marfknox
The more deeply I think about this issue the more I'm persuaded to change my thinking on the whole organizations which get non-profit status. |
The antidiscrimination law doesn't distinguish between non-profit and for-profit, except for "bona fide private membership clubs" that are tax-exempt can discriminate. As can any employer with fewer than 25 employees (or for less than 20 weeks out of a calendar year, if I'm reading the definitions correctly). |
- Dave W. (Private Msg, EMail)
Evidently, I rock!
Why not question something for a change?
Visit Dave's Psoriasis Info, too. |
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Jew? Atheist? Muslim? Agnostic? No job for you!
