Religious Institutions and Employment Law

California religious institutions are exempt from some employment laws, but most employment laws apply to churches and their employees. On the federal law side, religious institutions are subject to Title VII of the Civil Rights Act (the federal anti-discrimination/harassment law), but there is an exception for those who are ministers. These institutions are also exempt from the religious discrimination portion of Title VII. On the California state law side, religious institutions are completely exempt from the California Fair Employment and Housing Act (“FEHA”), which is the state anti-discrimination/harassment law. But, religious institutions are still subject to the anti-discrimination/harassment provisions of the California Constitution, and so the FEHA exemption is not all-encompassing. State and federal wage and hour laws apply equally to religious institutions, other than to their ministers (due to the First Amendment to the U.S. Constitution). Because these exemptions are very complex, many religious institutions believe that they are not subject to many laws to which they are, in fact, subject. Before making assumptions that could create liability, religious institutions should always consult with their legal counsel. —Adam Treiger

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