Religious Educational Institutions: Limitations and Liabilities under ADEA and Title VII.

Abstract

The Age Discrimination in Employment Act (ADEA) and Title VII were enacted to further a national public policy prohibiting employment discrimination on the basis of specified protected categories. Title VII, however, has several exemptions permitting religious organizations to discriminate on the basis of religion. ADEA has no such exemptions. Superimposed over both statutes are the free-exercise and establishment clauses protecting the right of religious educational institutions to practice their religious beliefs. The extent to which religious schools and colleges should be restrained in the practice of their religion, where such practice concerns alleged discrimination, involves a careful consideration of the nature of the institutions, the nature of the employee, and the interaction of constitutional interpretation and public policy.