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Under the Equal Employment Opportunity Act, are there any exceptions that allow...

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minga238 | Student, Undergraduate | eNotes Newbie

Posted January 23, 2012 at 6:26 AM via web

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Under the Equal Employment Opportunity Act, are there any exceptions that allow discrimination?

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Lorraine Caplan | College Teacher | (Level 2) Senior Educator

Posted January 23, 2012 at 1:29 PM (Answer #1)

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Two notable exceptions are private clubs and religious organizations, both of which are based upon the First Amendment of the Constitution.

We have the right to association, which allows private clubs to be exist without being subject to hiring requirements other than those they choose.  However, there are very strict standards for what constitutes a private club, so, for example, a private club that opens its doors to the public sometimes might not be exempt from the law,  or a private club that accepts federal money might not be exempt.

Our First Amendment right to freedom of religion is what creates the second exception.  If you think about this for a moment, this will make sense.  Suppose an Islam mosque needs to hire a teacher.  Should the government be able to insist that the mosque hire someone Christian?  Or, if a church needs a new minister and a rabbi applies, should the rabbi be able to file a complaint of discrimination if he or she is not hired?  You can see that we would have no true freedom of religion if such statutes applied to religious institutions.

There are other sorts of exceptions, for example, for Indian tribes and for very small employers.   I have provided a link for you to the statute itself, so you can see all of the exceptions.

Sources:

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jruss23 | eNoter

Posted July 15, 2013 at 3:55 PM (Answer #2)

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