Center Prevails in Geneva College Religious Staffing Case
On April 26, the Center for Law & Religious Freedom successfully resolved a case involving the freedom of religious employers to staff on a religious basis. A Joint Stipulation of Dismissal was filed in Geneva College v. Chao (W.D. Pa. Apr. 26, 2006). The U.S. Department of Labor and the Pennsylvania Department of Labor & Industry agreed to allow Geneva College, a private Christian school, to use job listing services funded under the Workforce Investment Act (WIA). The Center sued officials from both departments late last year when Pennsylvania officials insisted that the WIA nondiscrimination provision precluded the state from posting jobs restricted on the basis of religion. Stories regarding the Center's victory can found on AP and Religion Clause.
The U.S. Department of Labor maintained that Pennsylvania misapplied the WIA nondiscrimination provision. The provision, according to the Department, only applies to recipients of WIA funding. Because Geneva does not receive WIA funds, the nondiscrimination provision has no application to the College and Pennsylvania should have permitted Geneva to post its jobs. The Pennsylvania Department of Labor & Industry conceded that it misconstrued the nondiscrimination provision and agreed to post Geneva's jobs.
The victory is a narrow one but nevertheless important. Religious employers, like Geneva, are now placed on equal footing with other employers. They both now have the same access to WIA funded services.
The Alliance Defense Fund financially support the case and its lawyers served as co-counsel, as did Larry Paladin and John Edgar of Pittsburgh.
Center Commences Litigation Against Virginia School District Over Flier Distribution
The Center filed a lawsuit on May 1 against Arlington Public Schools (APS) in Virginia. The lawsuit was brought after APS refused to distribute informational fliers to high school students for a community outreach organization called Parents and Friends of Ex-Gays and Gays (PFOX).
APS's policy indicates that it distributes fliers for a variety of community organizations. The school district's flier distribution policy states that "[a]pproval is normally given to materials submitted from non-profit organizations in Northern Virginia." The policy provides no criteria to guide school officials in determining whether to approve or disapprove a particular flier.
The law in the Fourth Circuit regarding flier distribution at public schools is well-established. The Fourth Circuit in Child Evangelism Fellowship v. Montgomery County Public Schools, 373 F.3d 589 (4th Cir. 2004), held that Montgomery County's refusal to distribute Child Evangelism Fellowship's flier was viewpoint discriminatory. Then last year, in Child Evangelism Fellowship v. Montgomery County Public Schools, 457 F.3d 376 (4th Cir. 2006), the Fourth Circuit held that Montgomery County's second attempt at a flier policy was also unconstitutional because it failed to provide criteria to guide school officials in reviewing fliers. The CLS Center represented CEF in its dispute with Montgomery County.
Back To Top
