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- Title
PLEASE, DO NOT CALL ME MINISTER! REINING IN THE EXPANDING “MINISTERIAL EXCEPTION”.
- Authors
BARDER, SAMUEL
- Abstract
After fifty years of circuit court approval, the Supreme Court first recognized the ministerial exception in 2012. The ministerial exception requires employment discrimination claims brought by a fired employee “minister” be dismissed when brought against religious employers. The 2012 case, Hosanna-Tabor Evangelical Lutheran Church & School v. E.E.O.C., left open who qualifies as a minister and what other types of claims could be dismissed under the ministerial exception. The Court weighed in again in 2020 but again failed to clarify a test for who qualifies as a minister. Circuit courts have attempted to define tests for who qualifies as a minister, and some circuits have heard cases seeking to expand the ministerial exception beyond the firing context. Recently, the Seventh Circuit expanded the exception to a hostile work environment claim in Demkovich v. St. Andrew the Apostle Parish, Calumet City. This Note describes the development of the exception, analyzes its more recent developments at the Supreme Court and among circuit courts, and proposes a test for who qualifies as a minister, as well as future actions the Supreme Court and state legislatures could take in delineating who and what the exception covers.
- Subjects
EMPLOYMENT discrimination; MINISTERIALS; CLERGY; UNITED States. Supreme Court; LEGISLATIVE bodies
- Publication
University of Illinois Law Review, 2023, Vol 2023, Issue 4, p1389
- ISSN
0276-9948
- Publication type
Article