In a decision with sweeping implications for workplace rights within religious institutions, the U.S. Supreme Court has declined to review a petition challenging the expansion of the so-called “ministerial exception” — a legal doctrine that shields religious organizations from certain employment lawsuits.
The petition, filed by Yaakov Markel, a former mashigach for the Orthodox Union (OU), had asked the Court to consider whether religious employers may evade civil liability for employment promises — including overtime pay and advancement opportunities — by invoking religious freedom under what's known as the "ministerial exception." He claimed he was misled into working under false pretenses and subjected to discriminatory treatment.
His lawsuit was dismissed at the outset on the grounds that the job was religious in nature and therefore the judiciary will not entangle itself in the dispute.
In a strongly worded opinion last year, Judge Ryan D. Nelson of the U.S. Court of Appeals for the Ninth Circuit wrote that kosher supervisors are central to the OU’s religious mission and therefore fall squarely within the ministerial exception.
“Because only observant Orthodox Jews can serve as a mashgiach for the OU, and because they are necessary to carrying out OU’s religious mission of ensuring the wide availability of kosher food, a mashgiach is a minister for purposes of the ministerial exception,” Judge Nelson wrote.
He further warned that ruling otherwise would risk “denigrating the importance of keeping kosher to Orthodox Judaism.”
The Supreme Court’s today refused to review the ruling, without any explanation.
Some legal scholars applauded the ruling as a reaffirmation of religious liberty, while others warn it may turn faith-based organizations into legal black holes for workers.
Critics argue that the decision sets a dangerous precedent, effectively placing thousands of religious employees — including teachers, counselors, kitchen workers, and now food supervisors — beyond the protection of civil rights and labor laws.
With the high court remaining silent, the Ninth Circuit’s broad reading of the ministerial exception stands — a signal that, for now, religious institutions may operate their workplaces with minimal interference from secular courts, even when alleged contractual or wage violations occur.
“This ruling greenlights exploitation cloaked in religious identity,” said one attorney close to the case. “The OU made promises about pay and promotion, then broke them. Any other employer would face accountability in court. But here, religious status makes them untouchable.”
To join the FAA News WhatsApp Status, click here.
No comments:
Post a Comment