The Amos decision: will we see changes in the workplace?

A recent decision by the U.S. Supreme Court (in Corporation of the Presiding Bishop v. Amos) upheld, and slightly expanded, the exemption of religious organizations from the Title VII prohibitions against discrimination on the basis of religion, as stated in amended Section 702 of the Civil Rights Act of 1964. How this decision will affect hiring practices, if at all, among Catholic healthcare institutions remains to be seen, but the potential for change is inherent. The Amos case now allows organizations to expand the area of questions to include a person's religious affiliation, beliefs, and values. Based on the facts of this case, it would also allow a religious employer to inquire as to that person's religious practices and his or her standing in the Church. While the authors point to the traditional Catholic practice of openness in "hiring catholic" as evidence that the ruling will have minimal impact in day-to-day personnel decision making, they note the door is open to allow changes, and pressures to change may mount. Certain employment decisions for leadership positions, including those of an organizational, corporate, and business nature, may now include clearly religious criteria. In addition, the declining number of religious members in may religious institutes that sponsor healthcare facilities may put additional pressure on those institutions to "hire Catholic" when selecting lay leaders to ensure that the employer's mission and values will be carried out.