Ministerial Exception No Bar to ADA Lawsuit

March 12, 2019 | From HRCalifornia Extra

by Michelle Galbraith, J.D.; HR Adviser

The First Amendment to the Constitution prohibits the government from interfering with religious organizations' ability to fire their ministers, which is known as the "ministerial exception" (Hosanna-Tabor Evangelical Lutheran Church & School v. E.E.O.C., 565 U.S. 171, 188 (2012)). This exception effectively prohibits employees of religious organizations who perform ministerial duties from suing their employers for violating employment laws, such as the Americans with Disabilities Act (ADA).

A recent case filed in a California federal court has clarified which employees are covered by the ministerial exception.

  • ​​


    This premium content is for our members. For immediate access, join online or by phone at (800) 649-4921. Or Start a Free Trial Now for 7 days.

    Already a Member? Sign In Below.

Sign In
Remember Email