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High Court Decides Disability Employment Case

January 19, 2012

The ministerial exception is based on the First Amendment's guarantee of religious freedom, and states that religious organizations are not subject to employment-related non-discrimination laws for employees who are members of the clergy and/or have significant ministerial duties. Because this case was so specific on its facts, however, future lower court decisions could find that employees of religious entities, like religious schools, are not covered by the ministerial exception, and therefore are not barred from bringing ADA or other employment discrimination claims.

For more information: www.supremecourt.gov/opinions/11pdf/10-553.pdf