Kennedy v. St. Joseph's Ministries: New Considerations For Religious Employers? The Fourth Circuit Expands Title VII's Religious Exemption

In Kennedy v. St. Joseph's Ministries, the Fourth Circuit extends Title VII's religious exemption from hiring and firing decisions to the totality of the employment relationship. This article examines this case and answers the question the decision raises: Does Kennedy change a religious employer's approach to the employment relationship with employees possessing different religious views?

While Title VII makes employment discrimination unlawful, the exemption allows religious organizations, under certain circumstances, essentially to discriminate against employees on the basis of religion.1 This exemption recognizes the constitutionally protected right of religious organizations to make religiously motivated employment decisions by employing individuals whose conduct or religious beliefs are consistent with the organization's religious tenets.

But what exactly does "employment" mean in the context of the religious exemption? The statute states that "[Title VII] shall not apply to . . . a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion" and courts have interpreted "employment" to mean hiring and firing decisions.2 But could employment also include conduct occurring during the employment relationship? According to Kennedy v. St. Joseph's Ministries, Inc.,3 a recent case out of the United States Court of Appeals for the Fourth Circuit, the answer is a resounding "yes." In short, the Fourth Circuit determined that Title VII extends the religious exemption from hiring and firing decisions to the totality of the employment relationship. Thus, religious organizations are allowed to discriminate, harass, and retaliate against employees on the basis of their religious views. Consequently, it is important for religious employers to review and understand this case as well as its implications on their operations.

Background

St. Joseph's Ministries, a tax-exempt organization operating under the principles and beliefs of the Roman Catholic Church, manages a nursing care facility. It employed the plaintiff as a geriatric nursing assistant from 1994 to 2007.4

Because St. Joseph's operates the facility in accordance with Catholic principles, it engages in numerous religious exercises and practices, including the following: (1) conducting daily facility-wide prayers; (2) making communion available daily; (3) holding mass each Wednesday; (4) providing Catholic symbols on its campus, including crucifixes in every room and statues of the Virgin Mary, Jesus, and its patron saint St. Catherine Laboure; (5) issuing a handout summarizing its Catholic values to each new employee; and (6) maintaining the employee handbook, which confirms St. Joseph's Catholic identity.5

Plaintiff, however, is not Catholic, but is a member of the Church of the Brethren.6

The Brethren practice at issue in Kennedy is the requirement for women to wear modest, long dresses or skirts and to wear a prayer covering, such as a veil, over their hair.7 At some point during the plaintiff's employment, the Assistant Director of Nursing Services allegedly told the plaintiff that her long dresses, skirts, and head covering were inappropriate for a Catholic facility and were making patients and their families uncomfortable.8 The plaintiff also alleged that the Assistant Director continually told her she needed to adhere to a more traditional mode of dress.9 The plaintiff then communicated to the Assistant Director that her religious beliefs mandated that she continue wearing such attire. As a result, St. Joseph's terminated the plaintiff's employment on May 17, 2007, and the plaintiff then filed suit under Title VII, alleging religious harassment, retaliatory discharge, and discriminatory discharge on the basis of her religion.10

The district...