The focus of the Campus Legal Information Clearinghouse is on compliance. The main federal regulatory statute that impacts on religion in connection with higher education is Title VII. of the Civil Rights Act of 1964.

 

Title VII  operates on two different levels. First, it prohbits discrimation on the basis of religion, and requires educational institutions to make  reasonable accommodations  on the basis of religion for employees working at the educational institution. Differential treatment is allowed for religion if it is a bona fide occupational qualification.

 

Second, Title VII grants religious educational institutions substantial leeway in  hiring on the basis of religion if the religious educational institution is, in whole or in substantial part, owned, supported, controlled or managed by a particular religious corporation, association, or society, or if the curriculum is directed toward the propagation of a particular religion. See 42 U.S.C. § 2000e-2 (e)(2), as well as the legislative history of this amendment.

 

Much of the case law involving religous educational institutions is not limited to Title VII, but covers First Amendment questions as well. The CLIC page will also include these cases to the extent they are relevant to institutions of higher education.





links updated 8/4/08 rab