Toward A Good Faith Version Of The Ministerial Exception
Hosanna #Hosanna
Law360 (May 19, 2020, 6:07 PM EDT) — In Hosanna-Tabor v. U.S. Equal Employment Opportunity Commission, the U.S. Supreme Court blessed the idea of a “ministerial exception” to employment discrimination laws, holding unanimously in 2012 that — as a constitutional matter — courts may not interfere in the hiring or firing of “ministers” by religious organizations, even where a plaintiff has claimed bias that is unrelated to religion.
OK, but how far can this carveout reach, considering that it limits the application of laws that protect workers from racism and other fundamental wrongs?
Put differently: How many employees must sacrifice their civil rights as “ministers”? A lot, or just…