Yaakov Markel v. Union of Orthodox Jewish Congregations of America, a Corporation, et al.
1. Whether Religious institutions are bound
by the contracts they voluntarily enter
into, or are entitled, after performance by
their minister, to breach those contracts
and invoke the Ministerial Exception as a
complete defense?
2. Whether the Ministerial Exception is so
broad as to bar all suits by a minister
against a religious institution, even when
those claims arise out of contract or fraud?
3. Whether the Ninth Circuit was correct in
exempting religious institutions from all
Federal and State regulations governing
employee compensation, when this Court
has already held that religious institutions
are bound by the minimum wage and
overtime laws?
4. Whether the Ministerial Exception exempts
a religious institution from paying a Minister
for overtime hours worked by the Minister
when the Religious institution agreed to
pay for those overtime hours in writing and
when the Religious institution agrees those
overtime hours are compensable?
5. Whether the Ministerial Exception is to be
expanded to exempt a religious institution
from all Federal and State minimum wage
and overtime laws even when the religious
institution does not even claim a religious
belief or issue exists to exempt it from such
regulations?
6. Whether the Ministerial Exception acts
as a complete defense when a religious
institution breaches a contract with its
minister?
7. Whether the Ministerial Exception exempts
a religious institution from a claim of fraud
brought by a Minister based upon a religious
institution's refusal to honor its written
agreement when such a refusal is not based
on any claimed connection to religion?
8. What is the outer limit of the Ministerial
Exception as it relates to suits brought
against religious institutions by ministers?
9. Does the Ninth Circuit' s new definition of
"tangible employment action" contradict
this Court's long established definition, and
if so, which definition controls?
Whether religious institutions can invoke the Ministerial Exception to breach contracts and avoid liability for employment claims