Jump directly to the Content

Courts and Non-Minister Employee Disputes

Key point 8-10.2. Some courts have not recognized the ministerial exception, usually because the complainant was not a minister in either status or function, or was employed by a secular organization.
Key point 9-07. The First Amendment allows civil courts to resolve internal church disputes so long as they can do so without interpreting doctrine or polity.

A New Mexico court ruled that the First Amendment did not prevent it from resolving a claim of wrongful termination by a teacher at a church-operated elementary school. An adult female (the "plaintiff") was employed as a teacher by a church-operated elementary school from 2009 to 2011. She alleged that she was sexually harassed by her supervisor in the summer of 2010. She reported her complaint to church officials, who issued a written reprimand to the supervisor. She claimed that her supervisor later retaliated against her, which ultimately ...

Join now to access this member-only content

Become a Member

Already a member? for full access.

Related Topics:
Posted:
  • February 20, 2015

Related ResourcesVisit Store

Sample Compensation Report
Sample Compensation Report
A ChurchSalary.com Sample Report for Determining Fair Compensation
Safe Hiring Practices for Churches
Safe Hiring Practices for Churches
Essential items to consider before you bring new clergy or staff on board.
Immigration & the Church
Immigration & the Church
Keep your church safe and legal and as you strive to serve the immigrant communities in your context.
Understanding Labor Laws
Understanding Labor Laws
Regulations that pertain to hiring, firing, paying, disciplining, and supervising ministry employees.