Topical_Religious Entities

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Employment ADA: Religious Entities

Statutes
Regulations
Case Law

Statute:

42 U.S.C. § 12113(c) - Religious entities

(1) In general - This subchapter shall not prohibit a religious corporation, association, educational institution, or society from giving preference in employment to individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities.

(2) Religious tenets requirement - Under this subchapter, a religious organization may require that all applicants and employees conform to the religious tenets of such organization.

Regulation:

29 C.F.R. § 1630.16(a) - Specific activities permitted - Religious entities

A religious corporation, association, educational institution, or society is permitted to give preference in employment to individuals of a particular religion to perform work connected with the carrying on by that corporation, association, educational institution, or society of its activities. 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.

Case Law:

Starkman v. Evans, 198 F.3d 173 (5th Cir. 1999).

The "ministerial exception" applied to the ADA. Congress did not intend to regulate the employment relationship between church and minister. The First Amendment protects against undue interference with the personnel decisions of churches and religious leaders. If the employee is considered a "minister" and falls under the exception, the court may not inquire into his employment and must dismiss the suit against the religious organization.
The ministerial exception encompasses all employees of a religious institution, whether ordained or not, whose primary functions serve its spiritual and pastoral mission.
Defendants are not required to advance a theological or religious explanation regarding its allegedly illegal employment actions.
The factors that a court must consider to see if a job falls under the ministerial exception:
- whether employment decisions regarding the position at issue are made largely on religious criteria
- whether the plaintiff was qualified and authorized to perform the ceremonies of the religious organization
- whether the plaintiff engaged in activities traditionally considered ecclesiastical or religious