Legal Question in Employment Law in California

Can a christian based church legally discriminate against hiring a gay man for a position? or if he is already employed and they find out, can they terminate him? Thank you!


Asked on 11/16/11, 6:40 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Churches are exempt from the anti-discrimination laws, for obvious reasons, leaving all employees subject to normal 'at will' employment rules in hiring and firing. Not only are there no laws against 'unfair treatment' or poor management, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice.

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Answered on 11/17/11, 3:21 pm


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