World Vision has been protected against a discrimination claim by a decision of the U. S. Court of Appeals for the Ninth Circuit.
World Vision US headquarters in Federal Way, Washington. (Photo by Bluerasberry/Wikipedia/Creative Commons)
Because of World Vision’s religious mission, it is not subject to discrimination claims by employees who are performing tasks “key religious functions” central to that mission.
Aubry McMahon applied for and was extended an offer to serve as a remote customer service representative for World Vision in 2021. After World Vision learned a few days later that McMahon was in a same-sex marriage, it revoked the offer.
World Vision has a standards of conduct policy that prohibits sexual conduct outside the Biblical covenant of marriage between a man and a woman.
McMahon sued, alleging that World Vision had discriminated against her marital status, sex and sexual orientation.
Initially, the district court ruled in World Vision’s favor, finding that the doctrine of church autonomy “foreclose(d) judicial inquiry into World Vision’s religiously motivated personnel decision.” But the lower court reversed its ruling in 2023 after McMahon sought reconsideration and determined it could use “neutral principles of law” to conclude the case and not entangle itself in religion. That court also rejected World Vision’s other defenses, including ministerial exception.
But World Vision, which is known for connecting sponsors with children in need around the world, argued to the Ninth Circuit that customer service representatives play a significant role in the ministry’s voice, and the higher court reversed the lower court’s decision.
Writing for a three-judge panel, Judge Richard C. Tallman said, “the district court erred by viewing the CSR’s responsibilities in the abstract, isolated from World Vision’s central mission.”
He added, “We now hold that the ministerial exception bars McMahon’s employment discrimination claims because the record shows that CSRs perform key religious functions central to World Vision’s mission.”
The court wrote, “[Customer service representatives] are responsible for effectively communicating World Vision’s worldwide ministries and projects to donors and supporters. [They] engage with donors in prayer and give them the opportunity to join World Vision’s religious mission through financial contributions.”.
Because of these “vital religious duties,” the ministerial exception applies to hiring customer service representatives and bars McMahon’s discrimination claims, the court ruled.
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Many other Christian ministries were interested in the outcome of the World Vision case.
First Liberty, a nonprofit public interest law firm that defends religious liberty, filed a “friend of the court” brief on behalf of Samaritan’s Purse and the Billy Graham Evangelistic Association in the case. They were pleased with the decision.
“The Ninth Circuit recognized that the Religion Clauses of the First Amendment protect the right of a religious organization to require that employees with important religious functions agree with its religious beliefs,” Senior Counsel Becky Dummermuth said. “Forcing religious organizations to hire employees who may openly disagree with their religious beliefs violates both Title VII and the constitutional doctrine of church autonomy. This decision will protect religious entities who rely on hiring like-minded employees to carry out their core missions.”
Liberty Counsel believes the decision may have implications for its case involving Liberty University and Jonathan Zinski, a biological male, who informed the university after his 90-day probation period expired that he wanted to “transition” to “identify as female” and change his name to “Ellenor.” He was terminated for open violation of Liberty’s doctrinal statement regarding human sexuality and is now alleging “sex discrimination.”
“The ministerial exception under the First Amendment protects the freedom of religious organizations to choose who will convey their beliefs and carry out their mission. Employees cannot demand that faith-based employers abandon their religious beliefs. The law allows religious ministries to determine their religious beliefs and to require employees to act consistent with those beliefs,” Liberty Counsel Founder and Chairman Mat Staver wrote.
Adelle M. Banks with Religion News Service also contributed to this report.
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