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Chapter 1 - Who can sue?
1.900 Miscellaneous situations

1.907 Ministers and other religious employees

The Free Establishment Clause of the First Amendment prevents ministers (or someone holding a ministerial position, like a Director of Music) for suing a church for discrimination.¹

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¹  4^th Circuit: EEOC v. Roman Catholic Diocese of Raleigh, NC, 213 F.3d 795 (4^th Cir. 2000) (In this Title VII sex discrimination action, the Court upholds the "ministerial exception" to Title VII where the employee was the Director of Music Ministry. The Court discusses who qualifies as a minister for purposes of this exception.); 5^th Circuit: Starkman v. Evans, 198 F.3d 173 (5^th Cir. 1999) (Free Exercise Clause bars this ADA action.); Combs v. Central Texas Annual Conference of United Methodist Church, 173 F.3d 343 (5^th Cir. 1999) (The Free Exercise Clause of the First Amendment prohibits a minister from suing the church under Title VII.); 7^th Circuit: Alicea-Hernandez v. Catholic Bishop of Chicago, 320 F.3d 698 (7^th Cir. 2003) (Press secretary's Title VII claim against Catholic Church is barred by the "ministerial exception."); 9^th Circuit: Werft v. Desert Southwest Annual Conference of United Methodist Church, 377 F.3d 1099 (9^th Cir. 2004) (This is an ADA action alleging failure to accommodate. Ministerial exception bars this action against church.); 10^th Circuit: Bryce v. Episcopal Church in the Diocese of Colorado, 289 F.3d 648 (10^th Cir. 2002) ("Church autonomy doctrine" defeats plaintiffs' sexual harassment claim.); and 11^th Circuit: Gellington v. Christian Methodist Episcopal Church, Inc., 203 F.3d 1299 (11^th Cir. 2000) (Ministerial exception to Title VII is still available.). But see, 9^th Circuit: Elvig v. Calvin Presbyterian Church, 375 F.3d 951 (9^th Cir. 2004), rehearing denied, Elvig v. Calvin Presbyterian Church, 397 F.3d 790 (9^th Cir. 2005) (The First Amendment's ministerial exception does not protect the Church from a Title VII sexual harassment claim or a retaliatory harassment claim made by a former Associate Pastor against the Pastor.); and Bollard v. California Province of the Society of Jesus, 196 F.3d 940 (9^th Cir. 1999), rehearing denied, Bollard v. California Province of the Society of Jesus, 211 F.3d 1331 (9^th Cir. 2000)(First Amendment does not bar same-sex harassment suit involving a novice with the Jesuits.).