Pastor, Church & Law

The Americans with Disabilities Act

§ 8.14

In enacting the Americans with Disabilities Act (“ADA”) in 1990, Congress was responding to evidence that disabled persons occupy an inferior status in American life, and face persistent discrimination in employment, transportation, places of public accommodation, and communications. The ADA attempts to eliminate discrimination against individuals with disabilities, by (1) prohibiting covered employers from discriminating in any employment decision against a “qualified individual with a disability,” and requiring employers to make “reasonable accommodations” for disabled persons unless doing so would impose an “undue hardship”; (2) prohibiting most places of public accommodation to discriminate against disabled individuals; (3) prohibiting discrimination in public transportation against disabled individuals; and (4) prohibiting discrimination in telecommunications against disabled individuals. The first two of these prohibitions are of the most relevance to religious organizations, and they are discussed separately below.

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