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Thursday, August 9, 2012

Group 3: Chapter 8 #7 (Kristen Lanzavecchia)


The case discusses Cohen, who applied for a position with The Christian Science Monitor, which is a daily newspaper published by the Christian Science Publishing Society, a branch of the Christian Science Church. The application for the Monitor is the same one used for general positions at the church, and contains many questions relating to membership in the Christian Science Church and to its religious affiliation. Cohen was not a member of the Church and was rejected for employment. He filed a complaint to the EEOC alleging that his application was not given full consideration because he was not a member of the Christian Science Church. While Title VII does not allow discrimination in employment based on race, color, religion, sex, or national origin, an amendment was made to Title VII in 1972 and Section 2000e-1 provides: “This subchapter shall not apply ... to a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its activities.” So the issue is whether the Monitor is a religious activity of a religious organization and therefore within the limited exemption provided by Congress in the Civil Rights Act of 1964. If the Monitor is not a religious activity of a religious organization, than it is not permissible for the Monitor to apply a test of religious affiliated to candidates for employment.  We agree that The Christian Science Monitor is a religious activity of a religious organization, therefore, the defendants have not committed an unlawful employment practice under Title VII. 

1 comment:

  1. I agree with your groups' decision. As a part of a religious entity, the Monitor does have the right to discriminate while hiring for this particular position dealing with many intricate parts of the church and its broadcasts.

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