Religious Institutions and the Americans with Disabilities Act ADA Trainer Network Module 6h Religious Institutions and the Americans with Disabilities Act Trainer’s Name Trainer’s Title Phone Number Email/Website Here

Disclaimer Information, materials, and/or technical assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA. The Northeast ADA Center is authorized by the National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR) to provide information, materials, and technical assistance to individuals and entities that are covered by the ADA. The contents of this presentation were developed under a grant from NIDILRR, grant number 90DP0071-01-00. NIDILRR is a Center within the Administration for Community Living (ACL), Department of Health and Human Services (HHS). The contents of this presentation do not necessarily represent the policy of NIDILRR, ACL, HHS, and you should not assume endorsement by the Federal Government.

Disability and Faith According to a 2014 NBC/WSJ journal poll, more than 50% of people consider their faith to be “very important”. A 2010 Harris Poll of Americans with Disabilities indicated that only 50% of people with disabilities attend religious services at least once per month, compared to 57% of people without disabilities. Though the gap is decreasing, the lower participation rates of people with disabilities may be about something other than faith. Physical and attitudinal barriers may be holding people with disabilities back from attending services at places of worship.

Five Titles of the ADA Title I. Employment Prohibits disability discrimination in all employment processes Title 2. Accessibility in public entities Physical and program accessibility in state/local govt. entities Title 3. Accessibility in businesses Physical and program accessibility in restaurants, hotels, stores, places of business Title 4. Telecommunications Telephone and communications systems for the public Title 5. Miscellaneous Protection from retaliation

Title I: Employment Employers with 15 or more employees cannot discriminate against a qualified individual on the basis of disability in regard to job application procedures, hiring, advancement or discharge, employee compensation, job training or other terms, or conditions and privileges of employment. Religious entities are permitted to give preference to individuals of a particular religion and may require that all applicants and employees conform to the religious tenets of the organization. However, a religious entity may not discriminate against a qualified individual, who satisfies the permitted religious criteria, because of his or her disability. Title I of the ADA requires employers to provide a reasonable accommodation to enable the qualified individual to perform the essential functions of his or her job.

But, this may not apply to all positions … The 2012 Supreme Court Decision on the Hosana-Tabor V EEOC Ministerial Exception case was unanimous in stating that Title I of the ADA does not apply to ministerial employees. However, the Supreme Court did not address the question of whether the ministerial exception applied in other circumstances or more broadly to jobs that may not be considered ministerial in nature.  

Title II: Access to Public Entities Prohibits discrimination on the basis of disability in all services, programs, and activities provided to the public by State and local governments, except public transportation services. Relevance to religious organizations: Example - In situations such as interscholastic athletics with teams from schools operated by religious organizations as well as from the public school system, games held at the religious institution do not have to comply with the ADA, but those held at the public schools would need to meet ADA requirements.

Title III: Access to Businesses “Places of public accommodation” fall into one of 12 specific categories. Title III entities must: Eliminate unnecessary eligibility standards or rules that deny equal opportunity for people with disabilities Make reasonable modifications in policies, practices, and procedures that deny access to people with disabilities, unless this would fundamentally alter the nature of goods/services provided. Provide auxiliary aids needed to ensure effective communication, unless there is an undue burden or a fundamental alteration would result. Must remove architectural and structural communication barriers where readily achievable.

When Religious Organizations Offer Services to the Public Even when a religious organization carries out activities that would otherwise make it a public accommodation, the organization is exempt from the ADA. Thus, if a church itself operates a private school, or a diocesan school system, the operations of the school or schools would not be subject to Title III regulations. The religious entity would not lose its exemption merely because the services provided were open to the general public. The test is whether the church or other religious organization operates the public accommodation, not which individuals receive the public accommodation's services.

But other laws may apply… If a religious entity receives Federal funds, it is subject to section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. S794, which prohibits disability discrimination in federally assisted programs.

Title III Businesses at Religious Institutions A private entity that rents space within a religious entity to operate a place of public accommodation, is covered by the ADA, unless the business is also a religious entity (if space is donated, the ADA does not apply) In cases where the business must comply with Title III of the ADA, if the landlord is a religious organization, the religious organization is still exempt from the ADA.

Is this covered by the ADA? Marcie, an individual who is deaf, would like her church to provide a sign language interpreter during the Sunday morning service. Her pastor says the church can’t provide this because it’s too expensive. Is the church obligated to do this under the ADA?

Other Resources DOJ letter about how Titles I and III apply to religious organizations http://www.justice.gov/sites/default/files/crt/legacy/2010/12/15/tal057.txt Creating Inclusive Places of Worship That All May Worship: An Interfaith Welcome to People with Disabilities http://www.aapd.com/what-we-do/interfaith/that-all-may-worship/01-that-all-may-worship.html Interfaith Initiative of the AAPD http://www.aapd.com/what-we-do/interfaith/interfaith-initiative.html

Summary Even though religious organizations have exemptions under the ADA, there are situations in which the ADA and other disability laws apply. Accessible meeting places and inclusive programming can help religious entities to attract members and employees.

Northeast ADA Center K. Lisa Yang and Hock E. Tan Institute on Employment and Disability Cornell University Dolgen Hall Room 201 Ithaca, New York 14853-3901 Toll-Free : 800.949.4232 (NY, NJ, PR, USVI) Telephone 607.255.6686 Fax 607.255.2763 TTY 607.255.6686 Email northeastada@cornell.edu Web www.northeastada.org The contents of this presentation were developed under a grant from the National Institute on Disability, Independent Living, and Rehabilitation Research (NIDILRR grant number 90DP0071-01-00). NIDILRR is a Center within the Administration for Community Living (ACL), Department of Health and Human Services (HHS). The contents of this presentation do not necessarily represent the policy of NIDILRR, ACL, HHS, and you should not assume endorsement by the Federal Government. Katie, include the standard last slide notes like we have on other modules.