NJ Supreme Court Allows a Religious Organization Exemption to the Law Against Discrimination

Across the country, there have been legal clashes between workers and the religious institutions that employ them, with each side seeking to exercise what they believe to be their fundamental rights. Courts often have to step in when churches, religious schools and other faith-based organizations institute conflict with anti-discrimination laws that purportedly protect all employees.

The New Jersey Supreme Court recently ruled on this type of dispute in Crisitello v. St. Theresa’s School, where Victoria Crisitello, an unmarried art teacher at a Catholic elementary school was fired after she notified her employer that she was pregnant. When she was hired, Ms. Crisitello signed a document agreeing to abide by Catholic principles or risk termination.

Under New Jersey’s Law Against Discrimination (LAD), employers are generally prohibited from discharging a worker on the basis that they are expecting a child. However, the LAD allows an exemption for a religious organization in situations where it is “following the tenets of its religion in establishing and utilizing criteria for employment.” St. Theresa’s cited this exception and the First Amendment to assert that they were permitted to fire Ms. Crisitello as a result of her pregnancy. The trial court sided with the school, dismissing the case with prejudice.

After reviewing Ms. Crisitello’s appeal, the state’s Supreme Court affirmed the decision, declaring that the “religious tenets” exception in the LAD is an affirmative defense available to a religious entity when confronted with a claim of employment discrimination. This case could have wide-ranging effects for New Jersey workers employed by religious organizations who might be required to abide by the doctrine espoused by their employer, even if they themselves practice a different faith, or no faith at all.

Courts could also be put into difficult situations as judges will have to determine if an adverse employment action that violates the LAD on its face is sincerely grounded in the employer’s religious beliefs. There might also be circumstances where a business represents itself as a religious organization in order to engage in otherwise unlawful discrimination.

If you’ve faced discrimination at your workplace, the accomplished employment attorneys at Deutsch Atkins & Kleinfeldt, P.C. can advise you of your rights to legal relief, even if your employer is trying to apply the religious exemption. Please call 551-245-8894 or contact us online for a consultation. Our office is in Hackensack.