Supreme Court Recognizes Ministerial Exception for the First Time

This is an important, important ruling.  The Supreme Court finally and unanimously recognized–for the first time–the ministerial exception to anti-discrimination laws.  How does this ruling apply to day-to-day life?  It means that “ministerial” employees of a church cannot sue for employment discrimination. And, on the other hand, secular employees of a church can sue, in accordance with our  government’s laws, for protection from unlawful discrimination and retaliation.

Next question:  how can one distinguish between a “ministerial” employee and a “secular” employee of a church? Well, each case must be decided on a case-by-case basis.  Although the Supreme Court decided that the ministerial exception applied in the case before it to a “called” teacher who held herself out as a minister of her church, it took care to note that “[t]he case before us is an employment discrimination suit brought on behalf of a minister, challenging her church’s decision to fire her.  Today we hold only that the ministerial exception bars such a suit.  We express no view on whether the exception bars other types of suits, including actions by employees alleging breach of contract or tortuous conduct by their religious employers.  There will be time enough to address the applicability of the exception to other circumstances if and when they arise.”

For more information or for a consultation regarding your legal issues, please contact McCollum & Associates, LLC, at (301) 864-6070 or jmccollum@jmlaw.net.