ministerial exception

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All Employers with IL, IN, WI Employees

EFFECTIVE

February 13, 2018

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In Miriam Grussgott v. Milwaukee Jewish Day School, Inc., the Seventh Circuit Court of Appeal used a “totality of circumstances” approach to determine that a Hebrew teacher’s position was ministerial in nature, rendering her ineligible to pursue an employment discrimination claim under the Americans with Disability Act.

In 2012, the U.S. Supreme Court used four factors to determine whether an employee’s role is ministerial: (1) formal job position title, (2) substance of the position based on the title, (3) the employee’s use of the title, and (4) the religious functions the employee performed for the religious institution. Here, the Seventh Circuit Court of Appeal used these factors to analyze the employee’s claim, and indicated that the factors must be reviewed under the totality of the circumstances. Specifically, although the employee’s job title of “Hebrew teacher” was not ministerial nor did she hold herself out as a religious leader, when looking at the totality of the circumstances, the court stated that the facts supporting the substance of the job title and her actual job functions outweighed those considerations.

The Seventh Circuit’s decision emphasizes the need to clearly communicate an employee’s job title, duties, and the organization’s expectations.

Action Items

Have job descriptions reviewed for consistency with ministerial duties, if applicable.
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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.

APPLIES TO

All Employers with CT, NY, or VT Employees in Religious Organizations

EFFECTIVE

June 30, 2017

QUESTIONS?

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(888) 378-2456

In Fratello v. Archdiocese of New York, the Second Circuit Court of Appeals provided important guidance on determining whether or not an employee may be classified under the “ministerial exception.” The “exception” precludes employees who may be classified as a “minister” from making employment discrimination claims against the religious entities that employ them. A “minister” is determined by evaluating, among other things, the employee’s formal title, the substance reflected in the title, the employee’s use of the title, and the important religious functions performed.

Posts

Seventh Circuit: Defines Application of the Ministerial Exception in Discrimination Claims

Action Items

Second Circuit: Court of Appeals Further Defines Who is Subject to the “Ministerial Exception”