4th Circuit: Title VII Exemption for Religious Organizations Extends To Harassment Claims

In Kennedy v. St. Joseph's Ministries, (4th Cir., Sept. 14, 2011), in a 2-1 decision the U.S. 4th Circuit Court of Appeals held that the religious organization exemption in Title VII of the 1964 Civil Rights Act (42 USC 20003-1(a)) applies to religious harassment and retaliation claims, not just to claims of religious discrimination in hiring and discharge.   At issue was a suit against a Catholic nursing home by a nursing assistant, a member of the Church of the Brethren, who claimed that she was subjected to a series of offensive comments regarding her religious dress. Judge King dissenting urged dismissal, concluding that permission to file an interlocutory appeal was improvidently granted. [Thanks to CCH Employment Law Daily via Steven H. Sholk for the lead.]