The Americans with Disabilities Act (ADA) and Religion
Disability is not the experience of a minority of Americans. Rather, it is an experience that will touch most Americans at some point during their lives. Today, there are over 54 million Americans with disabilities, a full 20 percent of the U.S. population. People with disabilities represent the largest and fastest growing minority population in America today.
Sixteen years ago, Congress passed and President George Bush signed one of the most significant civil rights laws since the Civil Rights Act of 1964 – the Americans with Disabilities Act (ADA). In doing so, America opened its door to a new age for people with disabilities.
The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. In most cases, religious entities are exempt from the ADA requirements.
A religious entity is a religious organization or an entity controlled by a religious organization, including a place of worship and parochial schools.
Section 307 of the ADA provides that religious organizations and entities controlled by religious organizations are not subject to the requirements for public accommodations or commercial facilities under Title III of the Act. Religious organizations, such as Synagogues and religious-controlled schools may, however, accommodate individuals with disabilities at their own discretion, and do not waive their exemption from the requirements of Title III by doing so.
A religious entity, however, is not exempt from the employment requirements of Title I of the ADA for Synagogues with 15 or more employees. Moreover, 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.
Question: If an organization has a lay board, is it automatically ineligible for the religious exemption?
Response: No. The exemption is intended to have broad application. For example, a parochial school that teaches religious doctrine and is sponsored by a religious order could be exempt, even if it has a lay board. The exemption covers all of the activities of a religious entity, whether religious or secular.
Illustration: A religious congregation operates a day care center and a private elementary school for members and nonmembers alike. Even though the congregation is operating facilities that would otherwise be places of public accommodation, its operations are exempt from Title III requirements.
Question: What if the congregation rents to a private day care center or elementary school? Is the tenant organization also exempt?
Response: The private entity that rents the congregation's facilities to operate a place of public accommodation is not exempt, unless it is also a religious entity. If it is not a religious entity, then its activities would be covered by Title III. The congregation, however, would remain exempt, even if its tenant is covered. That is, the obligations of a landlord for a place of public accommodation do not apply if the landlord is a religious entity.
Question: If a nonreligious entity operates a community theater or other place of public accommodation in donated space on the congregation's premises, is the nonreligious entity covered by Title III?
Response: No. A nonreligious entity running a place of public accommodation in space donated by a religious entity is exempt from Title III's requirements. The nonreligious tenant entity is subject to Title III only if a lease exists under which rent or other consideration is paid.
Question: How does this affect interscholastic events held at religiously-controlled schools in which students from both public schools and religiously-controlled schools may compete in academic, cultural, or athletic activities?
Response: In such situations, even though the religiously-controlled school has no obligation under the ADA to ensure that the events held at its facility are accessible to individuals with disabilities, the affected public school district does have such responsibilities.
Question: If a religious entity is not exempt from the employment requirements of Title I of the ADA for Synagogues with 15 or more employees, what does this mean?
Response: A religious entity is permitted to give preference in employment to individuals of a particular religion. A religious entity may require that all applicants and employees conform to the religious tenets of such 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. Moreover, 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.
Our Jewish values teach us that each of us is created in G-d’s image and each of us is to be valued. It is our responsibility to ensure that our congregations and religiously-controlled schools are welcoming to all. The mission of United Synagogue’s Commission on Inclusion of Individuals with Disabilities is to sensitize and educate professional and lay leadership to the profoundly important responsibility of synagogues and their religious programs to be accessible to those who would otherwise be denied the opportunity to participate in all aspects of synagogue life, and to assist Congregations in meeting the needs of members with disabilities for creating an inclusive and welcoming environment.
According to N.O.D./Harris 2000 Survey of Americans with Disabilities, people with disabilities are much less likely to attend religious services at least once per month when compared to people without disabilities (47% versus 65% respectively). Interestingly, this is in no way an indication of religious faith. More than 8 out of 10 people with and without disabilities consider their faith to be important to them, with approximately 65% saying their religious faith is very important. Therefore, something else – likely a barrier of architecture or attitude – is holding people with disabilities back from attending services at a church/parish, synagogue/temple or another place of worship. Read the full report titled “Access to Religious Services”, July 24, 2001 at: www.nod.org.
