Labor & Employment Law Daily Wrap Up, COVERAGE, LIABILITY—6th Cir.: Former Christian academy principal’s discrimination claims barred by ministerial exception, (Jul 10, 2025)

By Todd Harrison, J.D.

Although his duties were not exclusively religious and involved other administrative tasks typical of secular administrators, he nevertheless performed sufficient religious duties to fall within the exception.

Affirming a district court’s grant of summary judgment against the race and sex discrimination claims asserted by a former dean of students and assistant principal at Westshore Christian Academy, the Sixth Circuit found that the Constitution precluded review of the academy’s employment decisions because the principal performed important religious functions at the school. The court explained that the ministerial exception encompasses more than just “ministers” or those with similar titles and extends to other employees who play an important role in advancing the institution’s religious mission. In this instance, the principal carried out several secular administrative functions, but also led staff in religious devotions each morning and implemented and led two religious youth programs, which was enough to place him within the exception (Pulsifer v. Westshore Christian Academy, No. 24-2092 (6th Cir. July 9, 2025)).

Westshore Christian Academy is a private elementary school that exists to “equip students to grow in their relationship with Christ, become life-long learners, to actively serve their community, and pursue Christian leadership.” The academy sees its educational role as central to ensuring its students’ religious development.

Job duties. In 2019, the plaintiff, an African-American male, became the academy’s dean of students/assistant principal. In this role, he was required to perform a number of routine administrative and educational tasks typical to school principals, including student discipline, scheduling, recordkeeping, and oversight of staff.

Along with these secular duties, the principal was also required to perform a number of religious functions and was expected to be a spiritual leader who expressed Christian values to students. This aspect of his job extended beyond normal school hours, as he helped implement and lead two religious youth programs, one held after school and one on Sunday evenings. He was also asked to do a devotion with academy staff each morning and prayed and led devotions at each meeting of the school’s board.

Relationship sours. At some point, the relationship between the principal and the academy’s administrator began to turn. The principal alleged that the academy often withheld his paychecks while regularly paying his white, female coworkers and that those coworkers were treated “better” than him. He also raised concerns with the administrator that the school’s main funder—who was a frequent visitor to school grounds—was allegedly a sex offender.

Sometime around August 2022, the academy terminated the principal’s employment. He alleged that his termination was in retaliation for his complaints about his treatment and reports concerning the academy’s funder. He also claimed his position was filled by a woman who has been paid consistently.

Lawsuit. Subsequently, the principal filed this lawsuit alleging several employment discrimination claims under state and federal law related to race and sex. The academy moved to dismiss the complaint based on the ministerial exception.

Because the academy’s motion relied on evidence outside of the pleadings, the district court converted it to a motion for summary judgment and gave the principal 14 days to supplement the record or otherwise respond to the motion. When the principal failed to do so, the court granted the academy’s motion, finding that the ministerial exception applied. This appeal followed.

Procedure. First, the principal raised a procedural argument, claiming the district court deprived him of a meaningful opportunity to respond to the academy’s motion when it converted the motion to dismiss into one for summary judgment. The court was not moved.

Here, the district court complied with its obligations under Rule 12(d) and properly converted the academy’s motion as the academy had attached numerous exhibits seeking to demonstrate that the principal held a position falling within the ministerial exception, explained the court.

Further, the district court gave the principal a reasonable opportunity to supplement the record. Fourteen days is sufficient to satisfy the commands of Rule 12(d), particularly when the principal did not object to the timeline or request an extension, said the court. As such, the district court did not err by deciding the academy’s motion based on the existing record.

Ministerial exception. Next, the court considered whether the principal’s claims fell within the ministerial exception. Here, the court noted that the exception may apply to more than just “ministers” or those with similar titles and can extend to other employees who play an important role in advancing an institution’s religious mission.

Our Lady of Guadalupe. According to the court, the modern approach to cases concerning the ministerial exception is best illustrated by the Supreme Court’s opinion in Our Lady of Guadalupe Sch. v. Morrissey-Berru, 591 U.S. 732 (2020).

There, two former Catholic school primary teachers brought a variety of employment discrimination claims against their former employers. The teachers did not carry any formal ministerial title and the majority of the subjects they taught were secular. However, each performed important religious functions to further the schools’ mission, including teaching religion classes, praying with students, participating in religious services, molding their students’ religious development, and otherwise integrating religious values into their daily activities.

Despite the teachers’ secular functions and lack of a ministerial title, the Court held both were covered by the ministerial exception. In reaching this conclusion, the Court focused on what the employees did, finding that the teachers “performed vital religious duties” that triggered the exception.

Vital religious duties. Applying the principles established by Our Lady of Guadalupe to the case at hand, the Sixth Circuit agreed with the district court that the Constitution precluded review of the academy’s employment actions concerning the principal.

The academy expressly saw the principal’s position as playing a vital part in carrying out its mission, and he was expected to guide his students’ spiritual formation by expressing Christian values to students and by being their spiritual leader.

In addition, the principal performed a number of important religious functions, observed the court. Like the teachers in Our Lady of Guadalupe, he was tasked with leading the staff in religious devotions each morning and also led devotions at each meeting of the school’s board. Further, he implemented and led two religious youth programs. This was enough to place his position within the ministerial exception, said the court.

Secular duties. The court found the principal’s arguments to the contrary to be unconvincing. He relied almost exclusively on the fact that his duties were not exclusively religious and involved other administrative tasks typically performed by secular administrators. However, the court noted that the same was true for the teachers in Our Lady of Guadalupe.

Ultimately, an employee can fall within the ministerial exception even when most of their work is secular in nature, so long as the employee performs the types of religious duties outlined above, concluded the court. Accordingly, the district court properly granted the academy’s motion for summary judgment.

The case is No. 24-2092.

Judge: Bush, J.

Attorneys: Carla D. Aikens (Law Offices of Carla D. Aikens) for Aaron Pulsifer. Robert Michael Howard, II (Cunningham Dalman) for Westshore Christian Academy.

Companies: Westshore Christian Academy

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