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The Ninth Circuit recently affirmed a Christian ministry’s freedom to control the hiring of employees who perform vital religious functions.
World Vision, Inc.’s “mission is to follow our Lord and Savior Jesus Christ in working with the poor and oppressed to promote human transformation, seek justice, and bear witness to the good news of the Kingdom of God.” The ministry requires all staff to embrace and live out its beliefs, including its religious beliefs on marriage.
In 2020, a candidate applied for a remote customer service representative position with World Vision. Although the “job posting primarily list[ed] secular and administrative duties” and required no formal religious education or training, it included specifically and distinctly spiritual responsibilities. Notably, customer service representatives were encouraged to witness and pray with donors and invite spiritual transformation and missional support through financial gifts. World Vision described them as its “Voice, Face, and Heart,” given that they “interact all day with the ministry’s donors, its lifeblood.”
During the interview process, the candidate acknowledged her willingness and ability to abide by World Vision’s “Standards of Conduct.” Among other things, those prohibit “sexual conduct outside the Biblical covenant of marriage between a man and a woman.” After extending the candidate an offer, World Vision learned she was in a same-sex relationship. The organization rescinded the offer after determining she would be unable to comply with its religious conduct requirements. The candidate filed a lawsuit against World Vision for sex, sexual orientation, and marital status discrimination under Title VII of the Civil Rights Act and the Washington Law Against Discrimination.
The district court sided with the candidate, finding that the position was largely secular and did not fall under religious exemptions. But the Ninth Circuit disagreed. Although World Vision offered numerous reasons why the district court erred, the Ninth Circuit limited its decision to one: World Vision’s customer service representatives fill ministerial positions. And the ministerial exception allows religious organizations to make employment decisions for ministers without government interference, protecting religious organizations like World Vision from discrimination claims like this.
The ministerial exception is rooted in the First Amendment and offers ministries the highest form of religious liberty when it comes to employment matters. In this context, “minister” is a legal term of art. It includes clergy positions, like pastors, but often goes further. The Supreme Court created a multi-factor test for evaluating an employee’s “ministerial” status. This includes facts like job titles and required education. But as the Ninth Circuit emphasized, quoting the U.S. Supreme Court: “’[W]hat matters, at bottom, is what an employee does’ and whether they perform ‘vital religious duties.’” And ministries bear the burden of proving that a given employee is a minister under this analysis.
Using this test, the Ninth Circuit determined that World Vision met its burden and that its customer service representatives serve “vital religious functions.” Importantly, every staff member must attend chapel and bear witness to Jesus Christ. But unlike some positions, customer service representatives have a “pivotal role” in the organization’s religious mission. The court concluded these positions qualify for the ministerial exception because “(1) they are World Vision’s ‘voice,’ responsible for ‘effectively communicat[ing] World Vision’s involvement in ministries and projects around the world’; (2) their engagement with donors is a form of ministry itself; and (3) they ‘give people an opportunity to join [World Vision] in the mission of God.’”
World Vision’s documents played a crucial role in the Court’s analysis. Its core documents, like its Articles of Incorporation, mission statement, employee guidebook, Standards of Conduct, and job descriptions, effectively communicated the religious functions of the positions and connected how those duties were central to the ministry’s religious mission.
If you need help clearly communicating your beliefs, connecting them to your core documents, and consistently applying them in your daily operations, an ADF Church & Ministry Alliance attorney is ready to guide you. If you’re a member, you can begin the process by completing a Religious Liberty Assessment by clicking here.
If you’re not yet a member, click here to learn more about membership and the Religious Liberty Assessment.
The Ninth Circuit recently affirmed a Christian ministry’s freedom to control the hiring of employees who perform vital religious functions.
