by Mary Beth Barry
The Ministerial Exception is a doctrine that grants religious institutions the freedom to make employment decisions about their ministers without government interference. For Catholic organizations, this means being able to hire and fire individuals deemed ministers without adhering to federal anti-discrimination laws or other employment regulations.
What does this mean for Catholic organizations like ours? Understanding and applying the ministerial exception is key to preserving our religious autonomy and mission, enabling us to make employment decisions based on religious criteria for roles with ministerial duties. In this article, we outline the criteria for identifying ministerial roles, provide guidelines for implementing the exception, and explain where it should be included in HR and organizational documents. We also examine how the ministerial exception may differ for for-profit Catholic employers.
What is the ministerial exception?
The ministerial exception is a legal doctrine grounded in the Religion Clauses of the First Amendment. It grants religious institutions autonomy to make employment decisions about their ministers, those who perform religious functions and advance the mission of the Church, without interference from the government.
The ministerial exception allows religious organizations (such as a church, Catholic charity, religious school or other qualifying religious organization) to hire and fire individuals considered ministers without being subject to federal anti-discrimination laws or other employment regulations. This protection covers discrimination claims based on religion, race, sex, disability, age, and other factors, specifically applying to employment decisions for ministerial positions.
Criteria for Ministerial Roles: Do all positions qualify?
Courts decline to adopt a rigid formula for deciding when an employee qualifies as a minister for purposes of the ministerial exception. However generally they are those employees who “will personify the church’s beliefs and convey the church’s message and carry out its mission. “Ministers” are those employees who advance the mission of the Church and play a vital part in carrying out the religious mission of the organization.
The Supreme Court’s decisions in cases like Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC and Our Lady of Guadalupe School v. Morrissey-Berru have emphasized the importance of considering the totality of the circumstances, rather than relying solely on titles or specific tasks, to determine whether an employee qualifies under the ministerial exception.
Determining whether a position qualifies for the ministerial exception involves evaluating:
• The employee’s formal title.
• The substance of the title’s associated duties.
• How the employee uses their title.
• The important religious functions performed by the employee.
Guidelines for Applying the Ministerial Exception
• Define Roles: Clearly outline which positions within your organization are considered ministerial.
• Employment Decisions: Leverage the ministerial exception to ensure staff align with your religious mission.
• Compliance and Transparency: Maintain clear records to demonstrate adherence to the ministerial exception and Catholic values.
Where should I include the ministerial exception?
Frequently, the courts defer to the religious organization’s determination of who qualifies for the ministerial exception. To maximize the protections of the ministerial exception, employers must classify positions as subject to the ministerial exception in their key HR and organizational documents and procedures including:
- Job descriptions-
- These play a pivotal role in courts and government assessments of ministerial exception eligibility.
- Reference our recent HR Conversations Blog for more guidance on job descriptions here: https://catholicbenefitsassociation.org/job-descriptions-the-cornerstone-of-hr-processes/
- Job postings
- Interview process
- Assess candidate’s faith commitment, knowledge of Catholic teachings, and ability to promote faith. Permissible under Ministerial Exception.
- Orientation and training
- Offer letters or employment agreements
- Handbooks and policies
- Performance evaluations
- Tie to religious standards, including, for example, personal modeling of the faith.
- Code of Conduct or Morality Agreements
- Corrective action or performance improvement plans
Does it apply differently to for-profit organizations?
As a for-profit Catholic employer, the application of the Ministerial Exception may differ from that of explicitly religious organizations. The scope for for-profit entities is still evolving and can vary by legal jurisdiction and court interpretations. Seeking legal counsel is essential to understand your specific legal framework.
While challenging, for-profit Catholic employers can strengthen their case for the Ministerial Exception by clearly defining the religious nature of their organization, identifying ministerial positions, documenting religious qualifications, maintaining consistency with Catholic teachings, and obtaining legal advice.
In Summary
As Catholic employers, we must uphold our faith’s teachings in all aspects, including HR policies. The ministerial exception is crucial for maintaining our religious autonomy and mission, allowing us to make employment decisions based on religious criteria for positions with ministerial duties. This ensures we can select employees who promote and uphold the Catholic faith, preserving our religious mission’s integrity. Understanding and applying the ministerial exception helps Catholic leaders manage religious staff while maximizing our religious freedom protections.
For more information on HR topics such as writing job descriptions, or job postings as well as informative articles with practical solutions on Everyday Ethics and Healthcare Insights please see our CBA Blogs: https://catholicbenefitsassociation.org/news/cba-blog/
CBA members can request a review of their employment documents, included in membership, to ensure that the ministerial exception and Catholic identity are enhanced in all documents and communications. Remember that members also have access to Faith-based selection protocol resources and more in our Members Only Room https://www.cbamembersonlyroom.org/Human-Resources