Bloomberg Law
Nov. 16, 2022, 5:44 PM

Religious Employer Still Denied Fast Appeal on Bias Suit Defense

Patrick Dorrian
Patrick Dorrian

Faith Bible International couldn’t convince the full Tenth Circuit to review whether the rejection of the organization’s defense to a job discrimination lawsuit—asserting that the employee suing was a “minister” beyond the reach of anti-bias law—is immediately appealable.

The denial of en banc review in Gregory Tucker’s race-based retaliation lawsuit let stand a June 7 ruling by a divided three-judge panel, which denied Faith Bible’s attempt to invoke the collateral order doctrine. That doctrine sometimes permits litigants to bypass the general rule that appeals may only be filed after a final judgment in a lawsuit, if they can show the ...

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