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Religious Institutions Do Not Get Immunity from State Anti-Discrimination Laws

On “Survivor”, one of my favorite broadcast TV shows (or, as my YouTube/Netflix watching teens might say — “what’s that?”) the notion of “immunity” plays a central role in the outcome of an episode. And in a decision released last week by the Connecticut Supreme Court, whether or not to grant immunity again plays a pivotal role for religious employers. In its unanimous decision, the court refused to grant outright immunity to a religious institution from an employment discrimination claim.  The case, Trinity Christian School v. CHRO , can be downloaded here. For religious institutions, the case serves as reminder that while the employment discrimination laws may be more limited in their impact (more on that in a second), seeking “immunity” from such claims is a step too far for the courts. In doing so, it’s helpful to note that the U.S. Supreme Court decided earlier this decade that the “ministerial exception...