The Civil Rights Act of 1964 (Title VII), 42 U.S.C. §§ 2000e et seq., contains two separate exceptions for religious preferences; the exceptions apply to religiously affiliated institutions. Under the first exception, religious corporations, associations, educational institutions, or societies may restrict employment to members of a particular religion to perform work connected with carrying out the activities of the organizations. 42 U.S.C. § 2000e-1. This exemption recognizes that as a matter of necessity, certain businesses revolve around, or are fundamentally based on, religion. Therefore, it would be illogical, as well as antithetical to these employers’ purposes, to prevent them from discriminating against those who do not share the same belief system.
An even more absolute exemption is given to spiritual employees who perform spiritual duties. Scharon v. St. Luke’s Episcopal Presbyterian Hosps., 929 F.2d 360, 363 (8th Cir. 1991). In such instances, the court has declined to get involved in the decisions of the religious organization to choose which spiritual employee the organization will employ. Id...
