9th Circuit Hears Oral Arguments In Title VII Case Against Salvation Army

On Tuesday, the U.S. 9th Circuit Court of Appeals heard oral arguments in Garcia v. Salvation Army (video of full arguments). In the case, an Arizona federal district court dismissed a Title VII religious discrimination claim brought against the Salvation Army. Plaintiff claimed that she was subjected to discrimination, retaliation, and hostile work environment after she stopped attending Salvation Army services.  The court held that Title VII's religious organization exemption applies and that the Salvation Army did not waive the defense by failing to assert it as an affirmative defense. (See prior posting.) [Thanks to John Jackson for the lead.]

Title VII's Religious Organization Exemption Protects Salvation Army

In Garcia v. Salvation Army, (D AZ, Sept. 12, 2016), an Arizona federal district court dismissed a Title VII religious discrimination claim brought against the Salvation Army by a former social services coordinator for the organization.  Plaintiff claimed that she was subjected to discrimination, retaliation, and hostile work environment after she stopped attending services at the Salvation Army’s Estrella Mountain Corps where she was employed.  The court held that Title VII's religious organization exemption applies to plaintiff's claim, and that the Salvation Army did not waive the defense by failing to assert it as an affirmative defense.

Salvation Army Settles Suit Challenging Its Religious Mandates To Government Funded Social Service Workers

The New York Civil Liberties Union announced the approval yesterday of a settlement in Lowe v. The Salvation Army, a 10-year old lawsuit on behalf of 19 Salvation Army employees, including two who claim they were fired in retaliation for protesting the imposition of religious requirements on employees paid with government grant money.  A 2003 national reorganization plan by the Salvation Army led to blurring the separation between the organization's government-funded social service programs that employ some 300 people in New York, and its religious mission.  It began to require employees paid with government funds to give information on their religious affiliation and frequency of church attendance, and to commit themselves to providing social services in a manner consistent with the Christian religious principles of the Salvation Army.

In 2010 the NYCLU settled claims against government agencies that had also been sued.  They agreed to monitor the Salvation Army to make sure it does not impose religion on recipients of government-funded social services. In yesterday's settlement, the Salvation Army agreed to provide employees in government-funded positions with a document indicating that it abides by equal employment opportunity provisions as to creed and sexual orientation, will not inquire into employees' religious beliefs, and requires its employees to furnish social services using sound practices without regard to whether they conflict with Salvation Army religious principles. However employees may not undermine the Salvation Army's religious mission. In the settlement, the Salvation Army will also pay $450,000 for damages and attorneys' fees. Newsmax reports on the settlement.