EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. PACIFIC PRESS PUBLISHING ASSOCIATION, Defendant-Appellant

I

This is an appeal from the district court’s holding that Pacific Press Publishing Association (“Press”), a nonprofit religious publishing house, violated section 703(a) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-2(a) (1976), by denying Lorna Tobler monetary allowances paid to similarly situated male employees. Press also was held in violation of section 704(a) of Title VII, 42 U.S.C. 2000e-3(a) (1976), for terminating Tobler’s employment in retaliation for her filing charges and participating in proceedings under the Act. Because Congress clearly intended to protect employees of religious institutions under Title VII, and because the enforcement of Title VII does not infringe religious freedom under the facts of the present case, we affirm the judgment of the district court.

Press, a nonprofit corporation incorporated under California law, is affiliated with the Seventh-Day Adventist Church and engages in the business of publishing, printing, advertising and selling religiously oriented material. All Press employees are required to be members of the church in good standing. Lorna Tobler worked at Press from 1960 until 1975. Her title throughout was…