Religious schools should be aware of the ministerial exception,
its potential application to certain employment decisions, and the
fact that courts across the country may interpret and apply it very
differently.
The United States Supreme Court first clarified the ministerial
exception in the landmark 2012 decision, Hosanna-Tabor
Evangelical Lutheran Church and School v. Equal Employment
Opportunity Commission. In this decision, the Court barred
disability discrimination and retaliation claims under state and
federal law by a teacher at a church school based upon the
ministerial exception by recognizing that, under the First
Amendment, churches and religious schools must be free to make
employment decisions regarding their ministers.
