Prescriptive Jurisdiction, Adjudicative Jurisdiction, and the Ministerial Exemption

Howard Wasserman


On January 11, 2012, the Supreme Court decided the first significant case of the October 2011 term, Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC. A unanimous Court held that a commissioned Lutheran minister teaching secular subjects from a Christ-centered perspective could not prevail in an action challenging her termination under the Americans with Disabilities Act. The Court for the first time recognized the "ministerial exception" to the ADA and other federal employment discrimination laws affirming the uniform position of the federal courts of appeal.