The application of labor relations and discrimination statutes to lay teachers at religious schools: the Establishment Clause and the pretext inquiry.(Catholic school teachers)

Albany Law Review,  December, 2000  by Tenenbaum, Evelyn M.

• E-mail
• Print
• Link

I. INTRODUCTION AND BACKGROUND

The courts have not dealt consistently with the First Amendment excessive entanglement concerns that arise when lay teachers at religious elementary and secondary schools are covered by a state labor relations act or an anti-discrimination statute. Some courts have held that the application of these statutes to lay teachers violates the Establishment Clause.(1) Those courts that have upheld the constitutionality of applying these statutes to lay teachers have not clearly defined the limits of permissible jurisdiction. Setting clear and appropriate ...

Read the rest of this article with a Free Trial at HighBeam Research.