The Apprentice: Your Moment Of Zen
The United States Court of Appeals for the Ninth Circuit affirmed the dismissal of an Americans with Disabilities action on the basis of the ministerial exception
The ministerial exception protects the “freedom of a religious organization to select its ministers.” HosannaTabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171, 188 (2012). Alexander Behrend, who lived and worked at San Francisco Zen Center (the Center) as a Work Practice Apprentice (WPA), argues that he was not a minister. But the exception broadly ensures that religious organizations have the freedom to choose “who will preach their beliefs, teach their faith, and carry out their mission.” Id. at 196. Behrend’s role as a WPA clearly fits that broad exception, so we affirm the district court’s grant of summary judgment.
Plaintiff became associated with the center after an automobile accident
Behrend’s schedule as a WPA included meditation, lunch with other students, dharma talks, and a range of work duties. His work duties began in guest services, where he checked guests in, prepared guest rooms and conference spaces, cleaned, answered guests’ questions, and began each day praying with the guest services team. He then worked in the kitchen cooking and washing dishes, and again spent a few minutes each morning in front of an altar with the rest of the crew. Finally, Behrend was assigned to the maintenance crew in September 2018, but that work exacerbated his PTSD symptoms. Behrend sought accommodations, including moving off the maintenance crew, but eventually the Center “made a decision to end [his] participation in the Program.”
Leadership position not required
Both our precedent and that of the Supreme Court proscribe a rule by which only those who are high up in a religious organization can qualify as ministers. This makes sense: if leadership was a requirement, cloistered nuns or monks might very well be disqualified.
Conclusion
The religion clauses of the First Amendment give the Center the freedom “to select, supervise, and if necessary, remove a minister without interference by secular authorities.” Id. at 747. Because Behrend had a “role in … carrying out [the Center’s] mission,” he qualifies for the ministerial exception.
(Mike Frisch)