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Encountering Religion in the WorkplaceThe Legal Rights and Responsibilities of Workers and Employers$
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Raymond F. Gregory

Print publication date: 2011

Print ISBN-13: 9780801449543

Published to Cornell Scholarship Online: August 2016

DOI: 10.7591/cornell/9780801449543.001.0001

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Questionable Applications of the Ministerial Exception

Questionable Applications of the Ministerial Exception

(p.170) 14 Questionable Applications of the Ministerial Exception
Encountering Religion in the Workplace

Raymond F. Gregory

Cornell University Press

This chapter focuses on questionable applications of the ministerial exception. More specifically, it asks whether a religious organization should be allowed to avoid the application of federal discrimination laws by misstating the basis for an employment action taken against one of its employees. The chapter begins by discussing the case of Mary Rosati, a nun who belonged to the Contemplative Order of the Sisters of the Visitation of Toledo Ohio, which she sued claiming that it had violated the Americans With Disabilities Act (ADA) when it dismissed her solely because of her physical condition. It considers the arguments made by Rosati's attorneys, who cited the case of John Bollard, and concludes by reviewing other court cases relating to sexual harassment and age discrimination.

Keywords:   ministerial exception, discrimination laws, Mary Rosati, Americans With Disabilities Act, John Bollard, court cases, sexual harassment, age discrimination, discrimination

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