Katz, Marshall & Banks partner Adam Herzog was quoted in a Bloomberg Law’s Daily Labor Report about the Equal Employment Opportunity Commission potentially changing its guidance on LGBT discrimination within religious institutions.
There have been several recent decisions on this topic, including the Supreme Court’s ruling in June that LGBT workers are protected by federal anti-discrimination laws.
However in July, the Supreme Court issued a ruling in Our Lady of Guadalupe School v. Morrissey-Berru, which struck a blow to LGBT rights. That decision analyzed the ministerial exception, which excludes religious institutions from some anti-discrimination laws from certain employees. SCOTUS strengthened and broadened the exception, which prohibited two former Catholic school teachers from suing for workplace discrimination.
The EEOC could also look toward the future and try to address conflicts between anti-discrimination and religious freedom laws.
Mr. Herzog noted that the EEOC sometimes issues guidance to fill in gaps left by U.S. Supreme Court jurisprudence. But he said he hopes that, given how new the Bostock decision is, the agency “will not view that as a hole that needs to be filled just yet.”
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