Court Says "Ministeral Exception" Does Not Apply To Suits Under Trafficking Victims Protection Act

In an important decision of first impression, a New York federal magistrate judge has concluded that the "ministerial exception" does not apply to suits under the federal Trafficking Victims Protection Act of 2000. Shukla v. Sharma, 2009 U.S. Dist. LEXIS 90044 (ED NY, Aug. 21, 2009), involves a Hindu priest who came to the United States under a religious workers visa to work for the Vishva Seva Ashram of New York. Plaintiff claims that he was tricked into leaving India and once here was subjected him to exploitative work conditions through psychological and emotional abuse-- allegations denied by defendants. Concluding that the First Amendment constraints on civil court jurisdiction over religious disputes should not apply here, the court said:

the standards that govern what constitutes trafficking and forced labor do not depend on the interpretation of religious doctrine; rather they are secular standards that guarantee that employers cannot deprive employees of fundamental human rights. Thus, unlike analyzing suits brought under federal and state employment laws, exploring the ills that the TVPA is meant to combat -- namely, trafficking and forced labor -- does not require courts to unduly interfere with the internal affairs of religious organizations or get involved in the selection or retention of ministers. Furthermore, a suit under the TVPA is not analogous to a suit under federal and state employment laws, because it is not brought in response to an adverse employment action...