Title VII

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Title VII of the Civil Rights Act of 1964 prohibits gender discrimination in the workplace. Because attorney fees are awarded to successful plaintiffs, there is much litigation in this field.

Title VII litigation concerns reasonable belief doctrine.

Ministerial Exception

Federal courts of appeals have created an exception to this law for ministerial duties (such as chaplain duties) in religious institutions. Known as the "ministerial exception," this allows religious institutions to discriminate based on gender in order to adhere to religious doctrine. Courts assume that the Free Exercise Clause prevents applying Title VII to jobs such as chaplain.

The U.S. Supreme Court has never addressed this issue of a "ministerial exception."