King v. Warner Pacific College

Under ORS 659A.006(4), a religious organization or institution may prefer an employee or an applicant of one religious sect over another if the employment is closely related with the primary purpose of the institution and is not connected with a commercial or business activity.

Plaintiff appealed a judgment of dismissal and assigned error to the trial court's granting of defendant's motion for summary judgment.  Plaintiff argued that Warner Pacific did not qualify for the religious preference exception under ORS 659A.006(4) because Warner Pacific did not prefer a particular applicant over another and that Warner Pacific presented no evidence to connect teaching psychology with the school's religious purposes.  In response, Defendant argued that ORS 659A.006(4) allowed the choice to not hire at all, to hire later, or to use current employees, and to interpret the law otherwise would be to circumvent the legislature's purpose in enacting the religious exemption; and that the school openly expects their employees to subscribe to Christ-centered lifestyle standards.  Under ORS 659A.006(4), a religious organization or institution may prefer an employee or an applicant of one religious sect over another if the employment is closely related with the primary purpose of the institution and is not connected with a commercial or business activity.  The court held that the trial court did not err in granting summary judgment because Warner Pacific had integrated the faculty position into the faith-infused primary purpose of the school enough that the religious preference exemption under ORS 659A.006(4) applied.  Affirmed.