In United States labor law, at-will employment is an employer's ability to dismiss an employee for any reason, and without warning, as long as the reason is not illegal. When an employee is acknowledged as being hired "at will", courts deny the employee any claim for loss resulting from the dismissal. The rule is justified by its proponents on the basis that an employee may be similarly entitled to leave their job without reason or warning. The practice is seen as unjust by those who view the employment relationship as characterized by inequality of bargaining power.
The Free Exercise Clause accompanies the Establishment Clause of the First Amendment to the United States Constitution. The Establishment Clause and the Free Exercise Clause together read:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
The Age Discrimination in Employment Act of 1967 is a United States labor law that forbids employment discrimination against anyone, at least 40 years of age, in the United States. In 1967, the bill was signed into law by President Lyndon B. Johnson. The ADEA prevents age discrimination and provides equal employment opportunity under the conditions that were not explicitly covered in Title VII of the Civil Rights Act of 1964. The act also applies to the standards for pensions and benefits provided by employers, and requires that information concerning the needs of older workers be provided to the general public.
Kimel v. Florida Board of Regents, 528 U.S. 62 (2000), was a US Supreme Court case that determined that the US Congress's enforcement powers under the Fourteenth Amendment to the US Constitution did not extend to the abrogation of state sovereign immunity under the Eleventh Amendment over complaints of discrimination that is rationally based on age.
Employment discrimination law in the United States derives from the common law, and is codified in numerous state, federal, and local laws. These laws prohibit discrimination based on certain characteristics or "protected categories". The United States Constitution also prohibits discrimination by federal and state governments against their public employees. Discrimination in the private sector is not directly constrained by the Constitution, but has become subject to a growing body of federal and state law, including the Title VII of the Civil Rights Act of 1964. Federal law prohibits discrimination in a number of areas, including recruiting, hiring, job evaluations, promotion policies, training, compensation and disciplinary action. State laws often extend protection to additional categories or employers.
Cleveland Board of Education v. Loudermill, 470 U.S. 532 (1985), was a United States Supreme Court case in which the Court held that:
Ricci v. DeStefano, 557 U.S. 557 (2009), is a United States labor law case of the United States Supreme Court on unlawful discrimination through disparate impact under the Civil Rights Act of 1964.
Geary v. Visitation of Blessed Virgin Mary School, 7 F.3d 324, was a court case in the United States Court of Appeals for the Third Circuit which considered whether a religious school in Darby, Pennsylvania could be sued for age discrimination.
The ministerial exception, sometimes known as the "ecclesiastical exception," is a legal doctrine in the United States barring the application of anti-discrimination laws to religious institutions' employment relationships with its "ministers." As explained by the Supreme Court in the landmark 2012 case Hosanna-Tabor Evangelical Lutheran Church and School v. E.E.O.C., the exception is drawn from the First Amendment to the United States Constitution, and seeks to both (1) safeguard religious groups' "freedom. .. to select their own ministers," a principle rooted in the Free Exercise Clause, and (2) prevent "government involvement in [] ecclesiastical decisions," a prohibition stemming from the Establishment Clause. When applied, the exception operates to give religious institutions an affirmative defense when sued for discrimination by employees who qualify as "ministers;" for example, female priests cannot sue the Catholic church to force their hiring. However, exactly which types of employees should qualify as a "ministers," and thus how broadly the exception should apply, was the subject of recent litigation before the Supreme Court.
In the United States, all states have passed laws that restrict age discrimination, and age discrimination is restricted under federal laws such as the Age Discrimination in Employment Act of 1967 (ADEA). However, it is worthy of note that age discrimination is still an issue in employment as of 2019.
Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, 565 U.S. 171 (2012), was a United States Supreme Court case in which the court unanimously ruled that federal discrimination laws do not apply to religious organizations' selection of religious leaders.
14 Penn Plaza LLC v. Pyett, 556 U.S. 247 (2009), is a United States labor law case decided by the United States Supreme Court on the rights of unionized workers to sue their employer for age discrimination. In this 2009 decision, the Court decided that whenever a union contract "clearly and unmistakably" requires that all age discrimination claims under the Age Discrimination in Employment Act of 1967 be decided through arbitration, then employees subject to that contract cannot have those claims heard in court.
Estate of Thornton v. Caldor, Inc., 472 U.S. 703 (1985), was a United States Supreme Court case in which the Court held that a state statute providing employees with an absolute right not to work on their chosen Sabbath violates the Establishment Clause of the First Amendment.
Corporation of Presiding Bishop v. Amos, 483 U.S. 327 (1987), is a United States Supreme Court case in which the court decided that the exemption of religious organizations from the prohibition of religious discrimination in employment in Title VII of the Civil Rights Act is constitutional. Appellee Arthur Frank Mayson worked for 16 years in an organization operated by the Church of Jesus Christ of Latter-day Saints. He was terminated from employment when he "failed to qualify for a temple recommend, that is, a certificate that he is a member of the Church and eligible to attend its temples." He filed suit in district court, arguing that his firing violated discrimination on the basis of religion in Title VII of the Civil Rights Act. The district court agreed. The case was appealed directly to the Supreme Court. The Supreme Court reversed, holding that Title VII's exemption of religious organizations from the prohibition on religious discrimination, even in secular activities, did not violate the First Amendment.
Babb v. Wilkie, 589 U.S. ___ (2020), is a case of the United States Supreme Court in which the justices considered the scope of protections for federal employees in the Age Discrimination in Employment Act of 1967. Specifically, the Court ruled that plaintiffs only need to prove that age was a motivating factor in the decision in order to sue. However, establishing but for causation is still necessary in determining the appropriate remedy. If a plaintiff can establish that the age was the determining factor in the employment outcome, they may be entitled to compensatory damages or other relief relating to the result of the employment decision.
Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___ (2020), was a United States Supreme Court case involving the ministerial exception of federal employment discrimination laws. The case extends from the Supreme Court's prior decision in Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commission which created the ministerial exception based on the Establishment and Free Exercise Clauses of the United States Constitution, asserting that federal discrimination laws cannot be applied to leaders of religious organizations. The case, along with the consolidated St. James School v. Biel, both arose from rulings in the United States Court of Appeals for the Ninth Circuit that found that federal discrimination laws do apply to others within a religious organization that serve an important religious function but lack the title or training to be considered a religious leader under Hosanna-Tabor. The religious organization challenged that ruling on the basis of Hosanna-Tabor. The Supreme Court ruled in a 7–2 decision on July 8, 2020 that reversed the Ninth Circuit's ruling, affirming that the principles of Hosanna-Tabor, that a person can be serving an important religious function even if not holding the title or training of a religious leader, satisfied the ministerial exception in employment discrimination.
Fulton v. City of Philadelphia, 593 U.S. ___ (2021), was a United States Supreme Court case dealing with litigation over discrimination of local regulations based on the Free Exercise Clause and Establishment Clause of the First Amendment to the United States Constitution. The specific case deals with a religious-backed foster care agency that was denied a new contract by the City of Philadelphia, Pennsylvania, due to the agency's refusal to certify married same-sex couples as foster parents on religious grounds.
Gregory v. Ashcroft, 501 U.S. 452 (1991) was a U.S. Supreme Court case. It concerned a provision in the Missouri state constitution that required state judges to retire at the age of 70, and the court was asked to consider whether it conflicted with the 1967 federal Age Discrimination in Employment Act (ADEA) and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. The provision was upheld, with the case being one of several Supreme Court decisions supporting the principle that "ambiguous language will not be interpreted to intrude on areas of traditional state authority or important state governmental functions".
Federal Express Corp. v. Holowecki, 552 U.S. 389 (2008), was a case decided by the Supreme Court of the United States on February 27, 2008. The ruling provided guidance on what would constitute an adequate filing under the Age Discrimination in Employment Act of 1967 (ADEA).
