disability discrimination
Disability discrimination happens when a person with a disability is treated unfairly because of their condition. It can occur in many different settings, including at work or school, or even while attending religious services. The ADA prohibits discrimination in recruitment and hiring, job assignments, pay, training, licensing or union membership, layoff and firing, and harassment. Discrimination also includes denial of access to housing, public transportation and other services or facilities. The ADA defines “disability” to include physical, cognitive, emotional, psychiatric or other medical conditions that affect a person’s ability to function and perform tasks.
The ADA requires all businesses and public entities to provide accommodations for persons with disability discrimination. These accommodations may include making changes to the work environment, modifying equipment or providing assistive devices. Generally, an employer must make these accommodations unless it would create undue hardship. For example, installing an elevator for a worker who uses a wheelchair could be considered undue hardship, but providing a sign language interpreter or a computer with assistive software might not.
However, despite the fact that many Christian churches and schools are exempt from the ADA’s requirements to be accessible, this doesn’t mean they can get away with not accommodating people with disabilities. This exemption wasn’t the result of an accident or loophole, but rather because the church leaders and schools actively fought against being held legally accountable to provide accessibility for disabled people.
Can disability discrimination happen in religious institutions?
In fact, as documented in archived documents, they did so in the name of “religious freedom” and to protect their finances. It is unfortunate that church leaders are willing to sacrifice the civil rights of the community they claim to serve, but there is a solution to this problem. In the words of the Apostle Paul, the love of money is the root of all evil (1 Timothy 6:10) and that includes the desire to hold on to money rather than invest it in making religious spaces more hospitable for all people.
If you’ve been subject to discrimination based on your disability law, either in the workplace or at a place of worship, we can help you seek justice. We can file a complaint with the federal Equal Employment Opportunity Commission (EEOC) or, in New York City and New Jersey, with the NYSHRL or NYCHRL. The laws under these jurisdictions are more broadly construed than the federal ADA, which allows more people to file a claim.
Contact us today to find out how we can help you. Our consultations are free and confidential. There is no fee if we don’t win your case. If we do, our fees are based on a percentage of the settlement or award. We handle all types of disability discrimination cases, from small claims to large class actions. Our team of experienced lawyers is available to discuss your legal options. We have offices in New York City and Jersey City, and represent clients throughout the United States. Call today for a free consultation.
