In Lavy v. American Society for Yad Vashem, (CD CA, Dec. 19, 2024), a California federal district court refused to find that the ministerial exception doctrine requires dismissal of a pregnancy discrimination and retaliation lawsuit against an organization dedicated to preserving the legacy of Holocaust victims. The court said in part:
... [T]he record does not support a finding that Plaintiff is a “minister” within the meaning of the ministerial exception. The record does not show that Plaintiff’s job duties required her to be of any specific faith, to educate anyone on a particular religion’s customs or laws, to spread a religious message, or to oversee or participate in any religious ceremonies. Plaintiff’s primary job duty throughout her employment with Defendant was fundraising development....
Defendant does not provide either evidence or legal authority demonstrating that its mission of historical education and memorialization moves it under the broad umbrella of “religious institutions” for purposes of the ministerial exception. Rather, the Court concludes that Plaintiff has raised a genuine dispute that Defendant operates primarily as a fundraising organization. For example, Defendant has not offered any evidence that its bylaws or certificate of incorporation set forth any religious purpose....
The court similarly found that defendant did not show that it qualifies for the religious corporation exemption from California's anti-discrimination law.
