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

A white paper by Jessica Ross, Esq. about ministerial exception and how it can benefit your religious organization.

One of the most powerful tools for religious organization defense is the ministerial exception. This exception prevents a minister from bringing an employment discrimination claim against his church (or religious organization). In 2012, the United States Supreme Court decided Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, and unanimously held that the exception exists, and that it is grounded in both religion clauses of the First Amendment.

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Because of the generality of the information on this site, it may not apply to a given place, time, or set of facts. It is not intended to be legal advice, and should not be acted upon without specific legal advice based on particular situations