In Turman v. Abyssinian Baptist Church, (SD NY, March 31, 2025), a New York federal district court held that the ministerial exception doctrine requires dismissal of a state-law sex discrimination and breach of contract suit in which plaintiff contends that she was not advanced to the final round of the application process to become a senior pastor because she is a woman. The court rejected plaintiff's claim that the church had waived the ministerial exception defense when it included a non-discrimination statement in the notice and job description for the senior pastor position. The court said in part:
To be sure, one might question the propriety of an organization holding itself out as an equal opportunity employer and reaping the public relations benefits of that self-description, only to turn around and say that it is immune from liability under antidiscrimination statutes when someone alleges that the organization has unlawfully discriminated. But in this case specifically, mindful of the presumption against waiver and having carefully evaluated the antidiscrimination statement on the job posting, the Court concludes that the statement on the job posting does not clearly demonstrate that Abyssinian waived its First Amendment rights....
... [E]mployment discrimination claims against churches require special solicitude. By their very nature, these claims routinely pose a substantial entanglement concern. Accordingly, courts routinely apply the ministerial exception to bar them at the motion to dismiss stage....
... There is no way for this Court to resolve Dr. Marshall Turman’s employment discrimination claim without becoming entangled with Abyssinian’s ecclesiastical innerworkings....
Dr. Marshall Turman “cannot evade the ministerial exception by asserting a contract claim based upon the same underlying facts as her statutory discrimination claims,”.... The ministerial exception, therefore, bars Dr. Marshall Turman’s contract claim, and it is dismissed....
Dr. Marshall Turman also seeks to hold Grant, as the chairperson of the Pulpit Search Committee, individually liable for employment discrimination.... But because the ministerial exception prevents this employment discrimination suit from proceeding against Abyssinian, it also requires this Court to dismiss the claims against Grant. That is, because the First Amendment prohibits religious organizations from being sued under antidiscrimination laws regarding ministerial roles, it similarly prohibits those organizations’ agents from being sued under the same laws.....