Pastor, Church & Law
Cases Not Recognizing the Ministerial Exception
Key Point8-10.2 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.
A few courts have not applied the ministerial exception, usually because the employee in question was not a "minister."
• A federal appeals court ruled that in some cases ministers can pursue sexual harassment claims against an employing church without violating the First Amendment. A woman served as associate pastor of a church for one year. Shortly after assuming this position, she claimed that the church's senior pastor began sexually harassing her and creating a "hostile work environment." Pastor Ruth made a formal complaint of ...
Copyright © 2008 by Christianity Today. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of the publisher, except by a reviewer who may quote brief passages in a review.
This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations."
Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.