[blindlaw] The ADA in churches

Steven Johnson blinddog3 at charter.net
Tue Sep 4 22:29:29 UTC 2012


However, the ADA could indeed apply to religious organizations if at any
level, they receive federal funding.  For instance, I worked on a case a few
years back where it was found that the organization received early childhood
dollars for providing federally funded breakfasts.  This triggered both ADA
Title II and section 504 of the rehabilitation act.  
I encourage you to dig deeper in regards to any funding they might have or
do receive.  

HTH,
Steve


-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of Elizabeth Rene
Sent: Tuesday, September 04, 2012 12:57 PM
To: blindlaw at nfbnet.org
Subject: [blindlaw] The ADA in churches

Dear RJ and list,

I can answer this question, because I lived the reality of its impact for
more than a decade, and, unlike most candidates for ordained ministry, had a
legal lens through which to monitor the process.

The ADA does not apply to churches and church discipline, though many
religious groups adopt the ADA's principles, in spirit, in relation to their
parishioners and guests.

A January 2012 unanimous decision of the United States Supreme Court,
Hosanna-Tabor Evangelical Lutheran Church & School V. Equal Employment
Opportunity Commission et al, (I'll get the cite later) upheld the
"ministerial exception" to the ADA on First Amendment Free Exercise and
Establishment Clause grounds to bar "ministers" from suing their churches
for employment discrimination.  There's INTERESTING commentary on the
decision at SCOTUSBLOG.com.

The "ministerial exception" originated with the Civil Rights Act of 1964,
and was incorporated by reference into the ADA by the courts.  A long time
ago, before I left for seminary, I reviewed the Congressional Record for
debates on the ADA and found that several church denominations, including
mine, lobbied for omission from ADA coverage.

Several US Circuit Courts have ruled on this issue, with plaintiff
allegations ranging from sexual harassment to discrimination in clinical
pastoral education, and all but one have held for the churches.  Some have
held that the courts have no jurisdiction at all; others, like the Ninth
Circuit, have ruled that churches must raise their jurisdictional issue as
an affirmative defense (whereupon the court could determine whether the
specific facts--in this case an allegation of sexual harassment--warranted
judicial review.

Justice Roberts, for the Supreme Court, wrote that his decision should be
construed narrowly, and that several issues remained to be resolved.  The
legal questions here form a fascinating and intricately woven tapestry that
we of the NFB should closely examine and shake out together.  I can tell you
that the ministerial exception can have a broad impact upon one's personal
life, and upon the spiritual life of any faith's congregations.

But don't lose heart, RJ.  As I understand things, as a Southern Baptist,
you can evangelize one congregation at a time, because of your church's form
of governance, and aren't tied to a bishop or diocese.  One congregation
might discriminate against you, another might embrace you for the very same
reasons.  In this case, you might happily and successfully follow the advice
given centuries ago to some of the first pastors out there:  If one town
doesn't want you, shake its dust from your feet and move on.  Someone else
will.

There are blind clergy, who have fulfilling lives and are ministering
effectively.  But not without sacrifice.

Elizabeth 


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