White Paper: Unpacking the Ministerial Exception—Who Gets to Claim It and Why

Who qualifies for the ministerial exception, and how can religious organizations use it to defend against employment lawsuits?

Reviewing the Supreme Court’s Hosanna-Tabor decision and subsequent cases, this white paper shows how courts decide who is a “minister” (looking at titles, duties, and religious functions) and why the exception bars many employment-discrimination suits against religious employers. It offers practical steps—document ministerial roles in handbooks and job descriptions, align policies to avoid conflicting nondiscrimination language, and assert the defense early—so ministries are better positioned in litigation.