The Ministerial Exception: How a Catholic School Managed Discrimination Claims

A recent case in the Ninth Circuit brings into question the Ministerial Exception. A Catholic grade school hired long- term substitute, Kristen Biel, in 2013. Eventually, the Biel became a full-time teacher with the school. She was later diagnosed with breast cancer and requested time off for necessary medical treatments.

After the diagnosis, the school administration decided not to renew Biel’s contract for the following school year. Their reasoning for denying her contract renewal noted it was unfair for students to have two different teachers during the year, and claimed her classroom management was “not strict.”

Biel filed an ADA suit, claiming discrimination due to her disability. When the district court ruled on the case, a summary judgment was granted to the school determining that the ministerial exception in the First Amendment barred her discrimination claims. After the case was dismissed, Biel appealed to the Ninth Circuit.

Reversal by the Ninth Circuit Court of Appeals

Ministerial exceptions are designed to protect freedom of religion by allowing religious institutions an anti- discrimination exemption when hiring employees (i.e. religious institutions are not required to hire people outside of their faith.) The ministerial exception helps to uphold the U.S. Constitution by keeping Church and State separate. But does this exception mean that a religious organization is exempt from other discrimination claims?

When the case was brought before the Ninth Circuit Court of Appeals in December 2018, the court determined the Catholic school should not be protected or shielded from disability discrimination claims. A circuit panel weighed in on the case and stated that allowing the school to use the ministerial exception in the First Amendment would stretch the exception too thin.

While a religious organization can manage hiring based on employees who personify specific beliefs, other applicable employment laws still need to be upheld. In this case, the teacher had devoted herself to maintaining the school’s principles by following the philosophy of Catholic education, but took a limited role in her student’s spiritual lives. In fact, Biel’s teaching job did not require her to be Catholic to acquire the position. Biel had no training in Catholic pedagogy or religious teaching, and was not considered a spiritual leader with spiritual responsibility in the school. As a result, the Ninth Circuit ruled the school would need to provide evidence of her ministerial responsibility for the ministerial exception to apply.

At Tyler Law LLP, we know how confusing the law can be. If you have questions about discrimination or any other legal concerns, we are here to help. Call our team any time: (951) 600-2733, or our OC office: (714) 978-2060

BY: ROBERT H. TYLER, ATTORNEY AT LAW JAMES A. LONG, ATTORNEY AT LAW