UNLV Boyd School of Law professor Leslie C. Griffin comments on a recent decision by the Illinois Supreme Court characterizing a “lay principal” at a Catholic school as a “minister” and therefore dismissing her claim under the Illinois Whistleblower Act under the so-called “ministerial exception.” Professor Griffin argues that the ministerial exception gives churches pure religious freedom to dismiss all legal claims against them, rendering them entirely unaccountable for their unlawful actions.
Boston University law professor Tamar Frankel unpacks the nuanced layers of whistleblower law. Frankel describes the two main legal sources that deal with whistleblowers in the United States, as well as the process by which a retaliated against whistleblower-employee may seek protection and relief. Frankel also explores the various objections to protecting whistleblowers, noting how problems may arise in the event that an employee whose employment was terminated as a result of whistleblowing activities is reinstated to their former position via the court system.