The position of the Defendants ... is that Title IX’s religious organizations exemption bars any employment discrimination or retaliation claim against them if they define their actions as tenets of their religion. There is a noticeable lack of case authority supporting such a broad application of the religious exemption.The court also rejected defendants' claims that their rights under the First Amendment and RFRA would be violated by allowing the suit to move forward.
Saturday, February 27, 2016
Title IX Religious Organization Exemption Does Not Bar Retaliation Claim Against Catholic High School
In Goodman v. Archbishop Curley High School, Inc., (D MD, Feb. 26, 2016), a Maryland federal district court refused to dismiss a former high school librarian's Title IX retaliation claim against the Catholic high school from which she was fired. Librarian Annette Goodman reported to the school's administration evidence that another faculty member was having a sexual affair with one of the school's students. The school fired Goodman claiming that she delayed too long reporting her concerns to the school. Goodman says the firing was an attempt to deflect attention from the school's indifference to sexual abuse. The court rejected the school's claim that Title IX's religious organizations exemption requires dismissal of Goodman's lawsuit, saying in part: