If the religious institution was not acting out of religious motives, the Ninth Circuit reasoned, then it was liable for Title VII violations. The same reasoning was employed by the Ninth Circuit in Bollard v. California Province of the Society of Jesus. Bollard was a novice at a Jesuit prep school and then attended a Jesuit seminary. He alleged s@xual harassment involving his superiors in each place, who sent him p@rnography and made se@ual advances. The court held that the ministerial exception did not protect the Jesuits, because the discrimination happened in a context divorced from clergy selection and in the absence of a religious belief in the s@xual harassment.
Link (here) to the full article at Find Law the author is Marci Hamilton