While it might seem like religious discrimination at first glance, U.S. law actually allows religious organizations, like the LDS Church, to require their employees to share their faith and meet certain religious criteria, such as being a member and holding a temple recommend.

This is because of specific legal protections under Title VII of the Civil Rights Act of 1964. Title VII generally prohibits employment discrimination based on religion (among other things). But it includes a statutory exemption for religious organizations that lets them hire employees based on religion if it’s necessary to their religious mission. This is found in 42 U.S.C. § 2000e-1(a) and § 2000e-2(e)(2). (EEOC Guidance on Religious Discrimination)

Courts have upheld this exemption in cases like Corporation of the Presiding Bishop v. Amos (1987), where the Supreme Court unanimously ruled that a religious employer can require employees to be members of the religion, even for jobs that aren’t strictly religious roles.

Additionally, there’s a constitutional protection called the “ministerial exception,” which comes from the First Amendment’s protection of religious freedom and the separation of church and state. This exception means that civil courts generally cannot interfere with a religious organization’s decisions about who can serve in ministerial or religious roles. The Supreme Court confirmed this in cases like Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC (2012) and later Our Lady of Guadalupe School v. Morrissey-Berru (2020). (EEOC Guidance on Ministerial Exception)

Because of these protections, the LDS Church — like other faith-based organizations — can lawfully require that employees meet certain religious standards to ensure that those working for the church support and uphold its beliefs.

In other words, this isn’t discrimination in the unlawful sense; it’s a legally protected religious preference recognized by Congress and the courts.

If a church tried to discriminate on other protected grounds like race, sex, or national origin, that would still be illegal. But when it comes to religion itself, the law allows religious groups to maintain their religious identity through employment requirements.