12 Cited authorities

Lemon v. Kurtzman
403 U.S. 602 (1971) Cited 2,336 times 23 Legal Analyses
Holding school-aid statute authorizing government inspection of parochial school records created an impermissible "intimate and continuing relationship between church and state" because it required the state "to determine which expenditures are religious and which are secular"
Corporation of the Presiding Bishop of Church of Jesus Christ of Latter-Day Saints v. Amos
483 U.S. 327 (1987) Cited 394 times 2 Legal Analyses
Holding that secular purpose prong of Lemon test “does not mean [government] purpose must be unrelated to religion”
Nat'l Labor Relations Bd. v. Catholic Bishop
440 U.S. 490 (1979) Cited 458 times 48 Legal Analyses
Holding that church-operated schools are not subject to NLRB jurisdiction
National Fidelity Life Ins. Co. v. Karaganis
811 F.2d 357 (7th Cir. 1987) Cited 224 times
Holding that a motion for judgment on the pleadings may be granted only if the moving party clearly establishes that no material issue of fact remains to be resolved and that he or she is entitled to judgment as a matter of law"
Flora v. Home Federal Sav. and Loan Ass'n
685 F.2d 209 (7th Cir. 1982) Cited 134 times
Upholding the district court's denial of an injured workman's motion to strike the defendant's counterclaim for indemnification against him because he was the sole owner of the employer corporation, but noting that the Act provided protection for a plaintiff injured while working for a separate legal entity
Church v. General Motors Corp.
74 F.3d 795 (7th Cir. 1996) Cited 66 times
Finding it appropriate to construe a motion as one for summary judgment where the parties directed the court to evidence outside the pleadings
Little v. Wuerl
929 F.2d 944 (3d Cir. 1991) Cited 68 times
Holding that a parochial school teacher could not, because of the exception, file a Title VII claim even though she was discharged because she remarried
Collins v. Bolton
287 F. Supp. 393 (N.D. Ill. 1968) Cited 17 times
No. 68C 295. June 27, 1968. Marshall Patner, Gordon H. S. Scott, Legal Aid Bureau, Chicago, Ill., for plaintiffs. Jerome Torshen, Lawrence Friedman, Chicago, Ill., for defendant. MEMORANDUM OPINION MAROVITZ, District Judge. Plaintiffs' Motion for Preliminary Injunction and for Convention of a Three-Judge Court Defendant's Motion for Judgment on the Pleadings This is a purported class action, brought by a group of policyholders of the Multi-State Inter-Insurance Exchange (Multi-State), a reciprocal
Roemhild v. Jones
239 F.2d 492 (8th Cir. 1957) Cited 29 times
In Roemhild v. Jones, 8 Cir., 239 F.2d 492, we reversed a judgment on the pleadings for the defendants, holding that fact issues raised by the pleadings precluded such judgment.
Section 2000e-2 - Unlawful employment practices
42 U.S.C. § 2000e-2 Cited 28,415 times 171 Legal Analyses
Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”
Section 2000e-1 - Exemption
42 U.S.C. § 2000e-1 Cited 657 times 20 Legal Analyses
Exempting religious employers from Title VII's prohibition against religious discrimination in hiring
Section 12113 - Defenses
42 U.S.C. § 12113 Cited 403 times 16 Legal Analyses
Providing an employer may have "a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace"

Herx v. Diocese of Fort Wayne-South Bend Inc et al

12 Cited authorities

Holding school-aid statute authorizing government inspection of parochial school records created an impermissible "intimate and continuing relationship between church and state" because it required the state "to determine which expenditures are religious and which are secular"

Holding that secular purpose prong of Lemon test “does not mean [government] purpose must be unrelated to religion”

Holding that church-operated schools are not subject to NLRB jurisdiction

Holding that a motion for judgment on the pleadings may be granted only if the moving party clearly establishes that no material issue of fact remains to be resolved and that he or she is entitled to judgment as a matter of law"

Finding it appropriate to construe a motion as one for summary judgment where the parties directed the court to evidence outside the pleadings

Holding that a parochial school teacher could not, because of the exception, file a Title VII claim even though she was discharged because she remarried

In Roemhild v. Jones, 8 Cir., 239 F.2d 492, we reversed a judgment on the pleadings for the defendants, holding that fact issues raised by the pleadings precluded such judgment.

Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”

Exempting religious employers from Title VII's prohibition against religious discrimination in hiring

Providing an employer may have "a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace"