Employee Can Sue Church-Affiliated Organization for Disability Discrimination

Key Point 8-14.01. The federal Americans with Disabilities Act (ADA) prohibits employers with at least 15 employees, and that are engaged in interstate commerce, from discriminating in any employment decision against a qualified individual with a disability who is able, with or without reasonable accommodation from the employer, to perform the essential functions of the job. Accommodations that impose an undue hardship upon an employer are not required. Religious organizations may give preference to nondisabled members of their faith over disabled persons who are members of a different faith.

A federal court in Maryland refused to dismiss a lawsuit filed by a former employee of a church-affiliated children’s home who claimed discrimination based on disability.

Background

A woman (the plaintiff) was employed by a church-affiliated group home for children (the defendant). Her duties included ...