Religious Freedom or Bias?
http://www.insidehighered.com/news/2006/12/20/geneva</H1>Geneva College, a Christian college in Pennsylvania, is suing the state for refusing to include its jobs — which have religious requirements — in a database of available positions.
“The thrust of it is the idea that the First Amendment provides the right of religious employers to hire people that share their religious beliefs. In this case, the state and the federal government are trying to coerce religious employers like Geneva College to forgo that right in order to participate in this job placement program,” said Timothy Tracey, a lawyer for the Center for Law & Religious Freedom.
The case surrounds Pennsylvania’s administration of the federal Workforce Investment Act of 1998, which funds and assists state efforts to provide employment and job training services. The act includes a stipulation that programs receiving federal assistance must comply with a nondiscrimination provision that expressly prohibits religious discrimination and does not exempt religious institutions.
And here is today's update 4/27/2007:
Victory for faith-based organizations to exercise religious hiring rights
http://alliancedefensefund.org/news/story.aspx?cid=4105Federal and state government concede in First Amendment lawsuit filed by ADF and CLS attorneys
PITTSBURGH — The federal government and the Commonwealth of Pennsylvania agreed Thursday to permit Geneva College and the Association of Faith-Based Organizations to use government-funded job placement services. Attorneys with the Christian Legal Society and Alliance Defense Fund brought a lawsuit against federal and state officials after Geneva and AFBO were denied access to Pennsylvania’s job placement services, funded by the federal government.
“The right of a religious organization to align itself with individuals of shared belief is as central to that organization’s mission as other viewpoints are to non-religious organizations. Religious job requirements can’t be singled out for exclusion from a public job listing simply because they are religious,” said Timothy J. Tracey, litigation counsel for CLS’s Center for Law & Religious Freedom. “We’re very pleased that the federal government and Pennsylvania are recognizing the constitutional right of religious organizations to hire employees that share their beliefs and values.”
Geneva College and AFBO’s members were denied access to post employment opportunities because of a governmental “nondiscrimination policy” prohibiting the listing of religious staffing requirements. But the federal government and the Commonwealth of Pennsylvania have now conceded that the policy did not apply to Geneva College or AFBO’s members, and they will no longer be prohibited from posting job listings.