Federal Case
Regional Implications
Markel v. Union of Orthodox Jewish Congregations of America, et al.
When a food inspector sued his religious employer over unpaid wages and a missed promotion, the court faced a pivotal question: Can religious organizations lose First Amendment protection if their employment decisions appear unrelated to religion? In a major decision, the U.S. Court of Appeals for the Ninth Circuit ruled no—and reaffirmed a powerful legal shield for ministries.
What You Need to Know
In Markel v. Union of Orthodox Jewish Congregations of America, et al., an Orthodox Jewish man worked for seven years as a mashgiach—a religious inspector ensuring kosher food standards—at two wineries. He later sued the organization that employed him, claiming he had been denied overtime pay and misled about promotions. His employer argued that the ministerial exception—a legal doctrine that protects the right of religious institutions to make employment decisions about their ministers without government interference—shielded it from lawsuits brought by ministerial employees. The Ninth Circuit agreed. The court found that the organization was clearly religious and that Markel’s position, as someone responsible for kosher compliance, was essential to the ministry’s spiritual mission.
What Your Ministry Can Do
Reinforce Your Religious Purpose: Ensure your governing documents clearly state your ministry’s spiritual purpose, scriptural foundation, and religious intent—quoting sacred texts where appropriate.
Review Ministerial Roles: Clearly identify staff positions that serve religious functions and ensure job descriptions reflect their role in carrying out the ministry’s mission.
Love the Laborers: Remember that the ministerial exception does not cover all legal claims. Continue to strive for fair, respectful, and lawful treatment of all personnel to uphold your ministry’s witness and mitigate potential risks.
