A church office manager’s job performance was declining. She took frequent days off for doctor’s appointments. When her supervisor confronted her, she admitted she was struggling with depression and life circumstances. The supervisor warned that improvement was needed to avoid termination.
Over time, her performance worsened, and she took more leave. She eventually emailed a doctor’s note requesting four weeks off to recover from depression. The church’s business administrator worried that the office could not function without her and terminated her the next day for poor performance.
The employee sued for disability discrimination and failure to accommodate her chronic depression. The church leaders were surprised, believing they didn’t know she was disabled. However, even without actual knowledge of the disability, liability could exist. Where did the church go wrong?
Disability Discrimination: A Growing Legal Risk
Disability discrimination is one of the most litigated areas of employment law today.
Key facts:
- In 2016, about one-third of all discrimination charges filed with the EEOC were disability-related.
- Disability claims ranked second only to race-related claims.
In many cases, lawsuits arise not from intentional discrimination, but from employers’ lack of understanding of their legal obligations.
Below is a guide to those obligations and the landmines churches must avoid.
How the ADA May Apply to Your Church
Under the Americans with Disabilities Act (ADA), churches may be required to comply if:
- They have 15 or more employees, and
- They affect interstate commerce.
Employee Threshold:
- A church counts as having 15 employees if it maintains 15 or more employees on payroll for each working day across 20 or more weeks in the current or previous year.
Interstate Commerce:
- Minimal activities like online communications, hiring across state lines, or receiving out-of-state donations may be enough.
- Always consult legal counsel before assuming the ADA doesn’t apply.
Religious Protections:
- The “ministerial exception” allows dismissal of discrimination claims if the employee is classified as a minister (Hosanna-Tabor v. EEOC).
- Churches may also require employees to adhere to religious tenets.
- However, outside of ministers, churches cannot discriminate against otherwise qualified disabled applicants or employees.
Common ADA Compliance Landmines
Landmine 1: Obligations Go Beyond Not Discriminating
The ADA does not only prohibit discrimination. It also requires:
- Providing reasonable accommodations for disabilities.
- Engaging in a good-faith interactive process to find accommodations.
Failure to meet these duties can lead to costly lawsuits, including potential punitive damages and attorney’s fees.
Landmine 2: Misunderstanding What “Disability” Means
Under the ADA, “disability” includes:
- A physical or mental impairment that substantially limits a major life activity.
- A record of such impairment.
- Being regarded as having such an impairment.
Common qualifying impairments include:
- Major depressive disorder
- Bipolar disorder
- PTSD
- OCD
- Autism
- Cancer
- Diabetes
“Major life activities” include walking, speaking, learning, reading, working, and more.
In the Office Manager’s Case:
- Her depression and request for medical leave likely qualified as a disability.
- Even if the church claimed ignorance, she could argue the disability was obvious—or that the church regarded her as disabled.
“Regarded as” disabled individuals are protected, even if no substantial limitation exists.
Minor, transitory conditions lasting six months or less are an exception.
Landmine 3: Failure to Recognize Reasonable Accommodation
Even if performance issues exist, churches must ask:
Can the employee perform essential job functions with reasonable accommodation?
Examples of Reasonable Accommodations:
- Temporary unpaid medical leave
- Modified work schedules
- Facility accessibility modifications
In the Scenario:
The office manager could argue that four weeks of leave was a reasonable accommodation. The church should have engaged in dialogue to evaluate this request.
Landmine 4: Discrimination Isn’t Limited to Termination
Disability discrimination also covers:
- Hiring
- Promotion
- Training
- Compensation
- Work conditions
Important:
Discrimination can be found even without termination—such as reducing hours or demoting an employee.
Landmine 5: Retaliation Risks
Retaliation claims are separate from discrimination claims.
- Retaliation occurs if an employer punishes an employee for requesting an accommodation.
- An employee does not have to prove an actual disability to succeed on a retaliation claim.
In the Scenario:
Firing the office manager one day after her leave request creates a strong appearance of retaliation.
Landmine 6: Neglecting to Provide Reasonable Accommodation
Churches must accommodate unless they can prove “undue hardship.”
Examples of accommodations:
- Facility modifications
- Modified schedules
- Temporary unpaid medical leave
Note:
If the disability is only “regarded as,” there is no duty to accommodate.
Landmine 7: Proving Undue Hardship
Claiming “undue hardship” requires proof, not assumption.
Factors considered:
- Cost of the accommodation
- Impact on operations
- Size and financial resources
In the Scenario:
The church presumed four weeks of leave was too disruptive without performing a proper hardship analysis.
Landmine 8: Ignoring the Good-Faith Interactive Process
When the need for accommodation becomes known, churches must:
- Open a dialogue with the employee.
- Explore possible accommodations in good faith.
- Document all efforts and communications.
In the Scenario:
The church failed to engage in this process before terminating the office manager.
Landmine 9: Failing to Assess and Document Accommodations
Employers must:
- Analyze job duties.
- Consult with the employee.
- Explore potential accommodations.
- Document all steps taken.
Good documentation protects churches in case of litigation.
Landmine 10: Confusing the ADA with the FMLA
Do not assume that once Family and Medical Leave Act (FMLA) protections expire, no further obligations exist.
Key Point:
- The ADA may require additional leave beyond the 12 weeks guaranteed by FMLA.
Conclusion
Navigating ADA requirements can be challenging—even Fortune 500 companies struggle.
However, churches can protect themselves by:
- Training a designated ADA coordinator.
- Establishing clear accommodation policies.
- Consulting with employment attorneys early.
Above all, following the biblical commandment to “love thy neighbor” can help prevent many legal disputes.
What If the ADA Doesn’t Apply to Your Church?
Even if your church falls below the 15-employee threshold:
- Consider following the spirit of the ADA.
- How you treat disabled employees affects your witness to the broader community.
- Compassionate, good-faith treatment reflects Christ’s love—and helps avoid perceptions that secular employers are more caring.
Tip:
If adopting ADA-like practices voluntarily, document in your employee handbook that you are not waiving any legal protections.