Michael Peabody

Supreme Court not likely to make individual FBI agents pay for allegedly violating Religious Freedom Restoration Act

On October 6, 2020, the United States Supreme Court heard oral arguments in a case on the issue of whether individual FBI agents can be held financially liable if they are found to have violated the Religious Freedom Restoration Act.  The underlying case involves Muslim-Americans who alleged that individual FBI agents put them on the “no fly” list after they refused to act as informants against fellow Muslims in terrorism-related investigations.

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Supreme Court: Religious schools immune from teachers’ discrimination claims

The ethical and moral onus is now on religious institutions as they decide whether to fire “ministerial” employees for reasons illegal in the secular world, such as age or the need for cancer treatment. Institutions engaging in this kind of discriminatory tactic will still need to answer to a Higher Source who will not be impressed with their ability to obtain summary judgment. The way for religious institutions to “win” these cases is to avoid them in the first place by taking the lead in treating employees with the highest degree of care and concern.

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