COURT DETERMINES THAT MINISTERIAL EXCEPTION DOES NOT APPLY TO RELIGION TEACHER

Religious institutions, including parochial schools, have an interest in correctly determining whether employees are “ministers.”  Due to the First Amendment’s Establishment and Free Exercise Clauses, religious organizations have wide discretion in choosing their own leaders and are thus exempt from generally applicable employment laws when it comes to ministers.  This week, in Biel v. St.…

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The Ministerial Exception: An Important Defense for Religious Employers

In our representation of religious institutions, inquiries regarding the ministerial exception and its implications in employment law often arise. The ministerial exception grants individuals performing ministerial duties exemption from certain discrimination laws, such as those related to age, sex, and disability. Remarkably, ministerial credentials are not mandatory, but the job position must play an integral…

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