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Amended Opinion Issued, En Banc Review Denied, In World Vision Case

By Howard M. Friedman

Yesterday, a panel of the 9th Circuit issued an amended opinion and denied an en banc rehearing in Spencer v. World Vision, Inc., (9th Cir., Jan. 25, 2011). At issue is whether the Christian humanitarian organization, World Vision, comes within the exemption in Title VII of the 1964 Civil Rights Act (42 USC 2000e-1) for "a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities." In August 2010, the same panel issued three separate opinions defining the criteria for falling within the exemption. (See prior posting.) The amended opinion includes a per curiam opinion of two of the judges explicitly agreeing on the narrower of their two opinions as criteria for invoking the exemption:

Judges O?Scannlain and Kleinfeld concur that an entity is eligible for the section 2000e-1 exemption, at least, if it is organized for a religious purpose, is engaged primarily in carrying out that religious purpose, holds itself out to the public as an entity for carrying out that religious purpose, and does not engage primarily or substantially in the exchange of goods or services for money beyond nominal amounts.

[Thanks to Steven H. Sholk for the lead.] 

Full post as published by Religion Clause on January 26, 2011 (boomark / email).