Ninth Circuit: Ministerial Exception Applies to Jobs that Further the Religious Mission
|
APPLIES TO Employers with 15+ Employees in AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam, and the Northern Mariana Islands |
EFFECTIVE August 5, 2025 |
QUESTIONS? Contact HR On-Call |
Quick Look
|
Discussion
In McMahon v. World Vision, Inc., the Ninth Circuit Court of Appeals looked at the mission of the religious organization employer and how the duties of the employees furthered that mission to conclude that customer service representatives (CSRs) were subject to the ministerial exception for purposes of Title VII of the Civil Rights Act of 1964.
Here, World Vision, a Christian-based organization whose mission is “working with the poor and oppressed to promote human transformation, seek justice and bear witness to the good news of the Kingdom of God.” World Vision pursues this mission through partnership with donors, prayer supporters, and churches. The organization’s Articles of Incorporation state its religious purposes, including “perform[ing] the functions of the Christian church” in ways that “teach and preach the Gospel” and “spread . . . the Christian religion.” It had a job posting for a CSR position that said a CSR must “[l]earn and effectively communicate World Vision’s involvement in ministries and projects around the world,” “[h]elp carry out our Christian organization’s mission, vision, and strategies,” and “[p]ersonify the ministry of World Vision by witnessing to Christ and ministering to others through life, deed, word and sign.”
The plaintiff, who is openly gay and in a same-sex marriage, applied for and was offered a job with World Vision as a CSR, after confirming that she could comply with the job requirements, including the Standards of Conduct. Upon accepting the offer, she advised the employer that she was expecting a child with her wife and inquired whether she would be eligible for time off as a result of the baby’s birth. Because her sexual orientation and marriage status conflicted with the organization’s Standards of Conduct, which defined marriage as between a man and a woman, it rescinded the employment offer. The plaintiff then filed suit claiming discrimination in violation of Title VII.
The Ninth Circuit ultimately said that the CSRs perform key religious functions central to World Vision’s mission. CSRs are responsible for effectively communicating World Vision’s worldwide ministries and projects to donors and supporters. CSRs engage with donors in prayer and give them the opportunity to join World Vision’s religious mission through financial contributions. They are World Vision’s “voice,” responsible for “effectively communicat[ing] World Vision’s involvement in ministries and projects around the world”. CSRs’ engagement with donors is a form of ministry itself. Each of their religious responsibilities is “vital” to World Vision’s particular religious mission. Ultimately, it said that the plaintiff was subject to the ministerial exemption and therefore not entitled to protection under Title VII.
Action Items
- Review job descriptions and organizational mission with legal counsel to determine whether the ministerial exception applies to job positions.
- Review proposed adverse action with legal counsel to determine potential exposure to antidiscrimination laws.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase