Religious employers occupy a distinctive place in employment law. They retain authority over the selection and supervision of employees who perform religious functions that civil courts may not second-guess under federal anti-discrimination statutes. The legal doctrine that protects this authority is the ministerial exception, and the Supreme Court’s recent decisions have expanded its scope in ways that have significant implications for religious schools, houses of worship, and other faith-based organizations.
At Mandelbaum Barrett PC, the firm’s employment attorneys counsel religious organizations, schools, and institutions throughout New Jersey and New York on employment matters, including the application of the ministerial exception and related religious employer issues. This overview covers the current state of the doctrine and what religious employers should understand about its scope and limits.
What the Ministerial Exception Is
The ministerial exception is a constitutional doctrine rooted in the First Amendment’s Religion Clauses. It holds that civil courts may not review a religious organization’s decisions about who fills ministerial roles because those decisions are inherently religious in nature. When government adjudication of employment disputes would require courts to evaluate a religious employer’s selection and supervision of the people who carry out its religious mission, the First Amendment is implicated in a way that bars such interference.
The practical effect is that employees who qualify as “ministers” under the exception cannot bring federal anti-discrimination claims, including claims under Title VII, the ADA, and the ADEA. A religious school teacher dismissed because of a disability, a pastor removed because of pregnancy, or a religious administrator let go because of age cannot bring federal employment discrimination claims if they fall within the ministerial exception, regardless of how the facts might otherwise appear under anti-discrimination law.
The Supreme Court’s Significant Expansion of the Exception
The Supreme Court unanimously recognized the ministerial exception in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC in 2012. In 2020, the Court significantly expanded the exception’s reach in Our Lady of Guadalupe School v. Morrissey-Berru, holding that the critical inquiry is not whether an employee holds a formal religious title, but whether the employee performs important religious functions for the organization.
Our Lady of Guadalupe involved two Catholic school teachers who taught general academic subjects but were expected to incorporate Catholic religious content into their instruction and model Catholic values for students. The Court held that both teachers fell within the ministerial exception, despite having no formal religious titles or significant formal religious training. The decision extended the pool of potentially covered employees well beyond ordained clergy and formally designated religious leaders.
Who Qualifies Under the Current Standard
After Our Lady of Guadalupe, determining whether the ministerial exception applies requires a functional analysis focused on the employee’s actual role. Courts examine the religious functions the employee is expected to perform, whether the employee transmits the organization’s religious message to others, and how the employer characterizes the position’s religious significance in its own terms.
For religious schools, this analysis often extends to teachers who incorporate religious instruction or values into their teaching responsibilities. For churches and other religious organizations, it may extend to administrators, directors of religious education, music directors, and other staff whose duties include transmitting religious teaching or supporting the organization’s religious mission in meaningful ways. No single factor is determinative, and the analysis is highly fact-specific.
According to the Equal Employment Opportunity Commission, the ministerial exception operates as a constitutional limitation on the EEOC’s jurisdiction, though the specific boundaries of who qualifies continue to develop through litigation. Religious employers facing employment disputes involving potentially ministerial employees should consult counsel before taking or responding to any adverse employment action.
What Religious Employers Should Do Now
Religious organizations and schools should review their employment agreements, job descriptions, and personnel policies with the expanded ministerial exception in mind. Clearly articulating the religious functions and expectations associated with roles that may qualify for the exception creates a stronger record for asserting it if a dispute arises. Religious employers should also understand that the exception does not provide immunity from all employment-related claims, only from claims that would require civil adjudication of the employer’s core ministerial decisions.
Contact Mandelbaum Barrett PC
Mandelbaum Barrett PC’s employment attorneys advise religious organizations, schools, and faith-based institutions on the ministerial exception, employment policy compliance, and employment disputes throughout New Jersey and New York. If you have questions about how the exception applies to your organization’s employees or positions, our team is ready to help you assess your situation.
To speak with a member of our team, contact Mandelbaum Barrett PC. Our attorneys are prepared to assist with your employment law questions.