By Eric W. May and Daniel C. Whang

Seyfarth Synopsis: In Biel v. St. James School, the Ninth Circuit once again split from other circuit courts, this time by narrowly construed an affirmative defense known as the “ministerial exception” that bars claims of employment discrimination brought by ministerial employees of religious institutions. The Ninth Circuit recently denied the
Continue Reading Ninth Circuit Narrowly Construes The First Amendment’s Ministerial Exception For Religious Institution Employers

By Megha J. Charalambides

Seyfarth Synopsis: A federal judge has allowed a discrimination lawsuit to proceed against the Archdiocese of Chicago. The plaintiff alleges that his engagement to another man resulted in his termination.  The church sought to dismiss the case under the ministerial exception doctrine.  The District Court ruled that the ministerial exception, as an affirmative defense, does not
Continue Reading Minister or Not? Gay Bias Case Turns on Employee’s Role