11th Circuit: Ministerial Exception Doctrine Applies To Suits Under Section 1981

In McCants v. Alabama-West Florida Conference of the United Methodist Church, Inc., (11th Cir., April 5, 2010), the 11th Circuit dismissed a suit brought by an African-American former pastor of the United Methodist Church against his former church employer. The lawsuit, brought under 42 USC Sec. 1981, charged racial discrimination and retaliation in preventing him from being reappointed pastor of two congregations. The court held that the Free Exercise and Establishment Clauses require the "ministerial exception" doctrine to extend to suits under Section 1981, as well as to Title VII lawsuits.