Discrimination based on Religion

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Presentation transcript:

Discrimination based on Religion S. 701(j) definition -- religious beliefs & practices; EEOC regs. -- personal moral and philosophical beliefs protected S. 702(a) -- religious institutions exempted for preference to members of own religion; Amos case - nonprofit activities S. 703(e)(2) -- exemption for religious educational insts. -- preference to own members S. 703(e)(1) -- religion as BFOQ

Lemons Test Test for Constitutionality of Govt. action affecting religion Three Questions: Does Govt. action have secular purpose? Does effect of Govt. action neither promote religion nor unduly burden exercise of religion ? Does Govt. action require excessive “govt. entanglement” in religion?