Americans with Disability Act – Feminism and Religion

July and September’s Herstory Profile will be centered on a true champion, leader, activist, and humanitarian Judy Heumann. Her life is one that everyone should aspire to. Judy is considered the Mother of the Disability Rights Movement in the United States and potentially even the world. Her entire life is one of activism, progress, and equality. She is the embodiment of strength, courage, determination, tenacity, and spirit. What Judy was able to accomplish, create, and push for is so incredible that two posts are needed to do her justice.

In a recent unanimous and precedent-setting Supreme Court ruling, a “ministerial exception” was given to Hosanna-Tabor Evangelical Lutheran Church and School regarding employment discrimination. Cheryl Perich, a “called teacher” at Hosanna-Tabor, was fired after issues surrounding her narcolepsy developed. As is well known in the United States, innumerable federal, state, and local laws exist to protect employees from discrimination based on race, sex, age, disability, and so forth. Title VII of the Civil Rights Act (1964) prohibits employment discrimination based on race, color, sex, religion, or national origin. In the Americans with Disabilities Act (ADA, signed in 1990), employers are also held liable for discrimination based on an employees’ disability. The “ministerial exception” excludes religious institutions and ministers from the ADA. It is important to note that the ADA protects employees hired by private companies as well as public ones.

In the slip opinion, the Supreme Court argues that, “The Establishment and Free Exercise Clauses of the First Amendment bar suits brought on behalf of ministers against their churches, claiming termination in violation of employment discrimination laws.” The opinion sites other cases where it was ruled that religious institutions are their own arbiters of employment and termination and cannot be compelled by the State to comply with certain national laws (see Watson v. Jones, Kedroff v. Saint Nicholas Cathedral of Russian Orthodox Church in North America, and Serbian Eastern Orthodox Diocese for United States and Canada v. Milivojevich). Justice Alito concurs by saying, “The “ministerial” exception gives concrete protection to the free “expression and dissemination of any religious doctrine.” The Constitution leaves it to the collective conscience of each religious group to determine for itself who is qualified to serve as a teacher or messenger of its faith.” Continue reading “Do We Need More “Ministerial Exceptions”? by Kile B. Jones”