Legal Opinion · Dissent

Spencer v. World Vision, Inc.

Court of Appeals for the Ninth Circuit

Decided August 23, 2010No. 08-35532Published

1DissentBerzon, Circuit Judge

World Vision Inc. maintains that it is a “religious corporation, association, educational institution, or society” and so not covered by Title VII’s prohibition against hiring or discharging employees on the basis of religion. See 42 U.S.C. § 2000e-1(a). If World Vision is right, then it may refuse to hire, and may fire, on the basis of their religious beliefs individuals — like the plaintiffs here — whose jobs have no religious element at all.

Judges O’Scannlain and Kleinfeld agree that World Vision qualifies for the exemption and so can insist that all of its employees share the…

2Cases cited44 opinions

  1. Lemon v. KurtzmanSupreme Court of the United States · 1971
  2. Lynch v. DonnellySupreme Court of the United States · 1984
  3. Watson v. JonesSupreme Court of the United States · 1872
  4. Lyng v. Northwest Indian Cemetery Protective Assn.Supreme Court of the United States · 1988
  5. Clark v. MartinezSupreme Court of the United States · 2005

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