Zenas’ Brief – August 2024

The Ministerial Exception

The Department of Labor recently released new rules changing the country’s wage laws. We’ve received a couple of questions about the new rule and have created a memo specifically addressing the rule change. In preparing the memo, we realized that the rule change raised several other questions or clarifications, and we want to spend the next few briefs discussing employment practices in the church. Topics will include the ministerial exception, classification of workers, employment manuals, wage laws, etc.

Because the ministerial exception impacts all aspects of employment law, we would like to start our exploration of employment law with a short overview of the ministerial exception.

The United States Supreme Court officially recognized the ministerial exception in 2012. The Supreme Court stated the Establishment Clause of the First Amendment prevents courts from interfering with a church in selecting or terminating its minister. Because the minister personifies the beliefs of the church, the government cannot decide whether the hiring or firing of a minister was proper. However, courts may decide whether the person is a minister.

The Supreme Court does not provide a rigid test to determine who is a minister. Instead, the courts will consider the following: (1) whether the church holds the person out as a minister; (2) whether the person received significant religious training (e.g., seminary); (3) whether the person holds himself out as a minister; and (4) whether the person’s job duties reflect a call to carry out the mission and spiritual nature of the church.

Based on these four factors, it is important to note that simply being a church or a non-profit is not enough to claim the ministerial exception. It is also not enough to simply grant someone the title of minister or say that the ministerial exception applies. If a church wants to apply the ministerial exception, the church must create a job description that outlines the religious duties and tasks that one would not expect of a secular worker. For example, taking the minutes at a church meeting is not a religious function. However, teaching classes on the Bible would be considered a religious function. It is therefore important to clearly define religious functions of the employee for the ministerial exception to apply.

It should also be noted that the ministerial exception does not only apply to pastors. The courts have a broad definition of the word “minister” and include those whose job it is to carry out the mission and spiritual nature of the church. Because of this, the ministerial exception may cover other offices or jobs in the church such as the office of deacon, teachers in a private school, missionaries, and more. Considering this, we again advise churches to create clear job descriptions or duties so that everyone may know or understand whether the ministerial exception applies.

The ministerial exception is a powerful exception that will essentially prevent court involvement when it comes to employment issues. We will also see the term crop up in other areas of law as well. It is important for churches to lay out procedures for hiring, firing, and holding ministers accountable. Finally, for ministers, it is important to recognize the power the ministerial exception grants and to not abuse the power in carrying out the tasks of the church. “By this all people will know that you are my disciples, if you have love for one another.” (John 13:35). One way of demonstrating our love is by submitting to the pastor and the pastor gently tending to the flock. May we be a great witness for Christ by the way we love one another.

If you have any questions, feel free to contact your UISBC Legal Team.