U.S. Supreme Court Broadens Application of Ministerial Exception for Employees of Faith-Based Institutions
In a 7-2 decision,FN1 the U.S. Supreme Court ruled that the ministerial exception — a legal doctrine that shields religious employers from anti-discrimination laws — applied to two discrimination suits brought by California parochial elementary school teachers against their employers.FN2
In the consolidated case, the Court considered claims brought by Agnes Morrissey-Berru, who alleged age discrimination against Our Lady of Guadalupe School, and Kristen Biel, who alleged her firing by St. James School after she requested leave to seek treatment for breast cancer violated the Americans With Disabilities Act. FN3 Both schools successfully moved for summary judgment dismissing the teacher’s claims by invoking the “ministerial exception,” but had those decisions reversed by the Ninth Circuit Court of Appeals.
The Court held that employees involved in almost any kind of religious instruction would be considered “ministers” of the faith, no matter their official title or even if they practiced the faith themselves. As such, the Court held that the ministerial exception applied to the teachers’ lawsuits as they performed "vital religious duties."
Takeaway
Although the Supreme Court’s ruling involved religious schools, the rationale behind the Court’s decision will likely extend to employment discrimination claims from a broader group of employees who work for religiously affiliated organizations. Campbell Litigation, P.C. will provide updates as this ruling continues to impact discrimination cases against employers.
Footnotes:
FN1 - Justices Gorsuch, Roberts, Alito, Kavanaugh, Thomas, Breyer, and Kagan comprised the majority. Justices Ginsburg and Sotomayor dissented.
FN2 – See Our Lady of Guadalupe School v. Morrissey-Berru, 591 U.S. ___ (2020), https://www.supremecourt.gov/opinions/19pdf/19-267_1an2.pdf
FN3 – Id.