Chicago – Attorney General Kwame Raoul joined a coalition of 20 attorneys general in defense of state and federal anti-discrimination laws. The coalition filed an amicus brief in McMahon v. World Vision Inc., asking the United States Court of Appeals for the 9th Circuit to hold that World Vision remains liable for its alleged discrimination on the basis of sex.
World Vision, which describes itself as a religiously motivated humanitarian organization, offered the plaintiff, Aubry McMahon, a job as a customer service representative but rescinded its offer after learning she was in a same-sex marriage. McMahon contends that World Vision rescinded her job offer on the basis of sex, an act of discrimination that federal law expressly forbids.
“No employer has the right to fire an employee based on who they are or who they love,” Raoul said. “I am committed to standing with my fellow attorneys general to fight workplace discrimination by ensuring that all employers are made to follow state and federal anti-discrimination laws.”
World Vision has sought to avoid discrimination claims by asserting that the freedom of expressive association should shield it from liability for alleged discriminatory hiring practices. Raoul and the coalition argue that this interpretation of expressive association would wreak havoc on states’ ability to ensure employment opportunities remain open to all. Additionally, World Vision claims the First Amendment’s ministerial exemption and “church autonomy” doctrine shield it from most employment discrimination laws. Raoul and the coalition argue that the application of those constitutional protections for religious organizations to this case, in which the job McMahon was offered had no particular religious responsibilities, would effectively give religious organizations broad immunity from secular laws and endanger the thousands of people who work for these groups in both ministerial and non-ministerial capacities. The District Court for the Western District of Washington agreed with these arguments, but World Vision appealed that decision.
In their brief, Raoul and the coalition observe that World Vision’s arguments have been repeatedly used to undermine federal anti-discrimination laws and violate the Civil Rights Act of 1964. The attorneys general ask the appellate court to affirm the district court’s decision that the right of expressive association and the ministerial exception and church autonomy doctrines do not shield the defendant from liability under employment discrimination laws.
Joining Attorney General Raoul in signing the brief are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Vermont, Washington and Wisconsin.
