Salvation Army and Religious Hiring

Rick yesterday referenced the New York federal court decision ruling that the Salvation Army may hire and fire employees according to their religious beliefs.  The court also ruled that the discrimination alleged against the Salvation Army could not be attributed to the government agencies that contract with the Salvation Army to provide social services.

There is also an Establishment Clause issue being litigated in the case. The plaintiff employees in the case also included claims against the NYC Administration for Children's Services, alleging that the relationship between the agency and the Salvation Army violates the Establishment Clause.  (90% of the clients served by the Salvation Army are referred by government agencies and it gets substantial funding from them.)  The judge refused to dismiss the claim, finding a reasonable inference that governments funds were used to enforce compliance with the Salvation Army's reorganization plan and that it may have used governemnts funds to support indoctrination of clients.

The decision is here.