Legal Definitions - ministerial-function test

The ministerial-function test is a principle that states that the First Amendment of the United States Constitution prohibits the judicial resolution of a Title VII employment-discrimination case based on religious preference if the employee's responsibilities are religious in nature. This means that if an employee's job involves spreading faith, supervising a religious order, or performing other religious duties, the court cannot intervene in a discrimination case.

For example, if a church hires a pastor and later decides to terminate their employment based on their sexual orientation, the pastor cannot sue the church for discrimination because their job involves religious duties. Similarly, if a Catholic school fires a teacher for getting a divorce, the teacher cannot sue the school for discrimination because their job involves teaching religious doctrine.

The ministerial-function test is important because it protects the religious autonomy of organizations and ensures that they can hire and fire employees based on their religious beliefs and practices. However, it also raises concerns about discrimination and the rights of employees who may be unfairly targeted based on their personal characteristics.