Ministerial Exception Bars Principal's Bias Lawsuit

The Black principal of a Catholic high school in California qualified as a minister under the ministerial exception to employment laws, so he could not pursue racial harassment, discrimination or retaliation claims against the school, the 9th U.S. Circuit Court of Appeals ruled.

The federal appeals court affirmed the lower court's dismissal of claims brought under two federal nondiscrimination laws—Title VII of the Civil Rights Act of 1964 and Section 1981 of the Civil Rights Act of 1866—as well as the California Fair Employment and Housing Act (FEHA).

Religious Schoolteachers

The ministerial exception shields religious institutions from certain employment law claims, because the First Amendment to the U.S. Constitution protects the right of churches and other religious institutions to decide matters of church government, faith and doctrine without government interference. Thus, the ministerial exception insulates a religious organization from judicial scrutiny over employment decisions involving its ministers.

The 9th Circuit noted that the U.S. Supreme Court has broadly defined what jobs are eligible for the exception. In determining whether employees at religious schools are ministers, the Supreme Court has explained that the core consideration is their role in conveying the church's message and carrying out its mission.

Because educating young people in their faith and training them to live their faith are responsibilities that lie at the very core of the mission of a private religious school, the Supreme Court has held that many teachers at religious schools qualified as "ministers" for the purposes of the exception, even though they were not considered formal ministers.

Here, the 9th Circuit said, the principal played an important role in the religious education of the students at the high school. He participated in religious services and activities, aiding the school in developing a faith-based community and inculcating faith-based teachings. He had supervisory authority over aspects of religious instruction and programming. He also received religious education as part of his role.

In the context of the ministerial exception, there is no principled distinction to be drawn between teachers and principals, the court noted. Therefore, it ruled, under the Supreme Court's formulation of the ministerial exception, the principal qualified for its application to him.

The court noted that there are certain employment claims that may not be subject to the ministerial exception. For example, a sexual-harassment claim unrelated to a religious organization's employment decisions was found to not be subject to the ministerial exception.

Here the principal asserted claims of racial harassment that created a hostile work environment. Such a claim could possibly survive the ministerial exception, the court said. However, unlike the circumstances in the previous sexual-harassment suit, the allegations in this case were so intertwined with the school's employment decisions that the claims could not be separated, the court said.

FEHA Exempts Nonprofit Religious Organizations

FEHA itself contains an exemption for religious organizations. It provides that an "employer" under the act does not include a religious association or corporation not organized for private profit.

In addition to ruling that the federal claims were barred by the ministerial exemption, the court also concluded that the principal could not bring claims under FEHA because the school did not waive the statutory exemption for nonprofit religious corporations. The court noted that the employee handbook never explicitly referenced FEHA and made no promise that it would be bound by FEHA.  

The appeals court concluded that the lower court had properly dismissed all of the principal's claims against the school.

Orr v. Christian Brothers High School Inc., 9th Cir., No. 21-15109 (Nov. 23, 2021).

Professional Pointer: As this case shows, the ministerial exception is not limited to churches but extends to church-related institutions, including church-affiliated schools. The ministerial exception is also not limited to members of the clergy but includes all employees of a religious institution, whether ordained or not, whose primary duties are religious in nature.

Joanne Deschenaux, J.D., is a freelance writer in Annapolis, Md.