Portland, Oregon Civil Litigation Defense Attorneys - Kaempf Law Firm PC

A Blog by John Kaempf

Tag Archives: ADA

MINISTERIAL EXCEPTION TO DISCRIMINATION CLAIMS BY TEACHERS

Teachers and other employees of religious schools sometimes sue for discrimination, including claims under the Americans With Disabilities Act (ADA). The law, however, recognizes a ministerial exception to such claims based on the First Amendment to the U.S. Constitution, which states, in relevant part, that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” The ministerial exception precludes application of employment discrimination statutes to claims concerning the employment relationship between a religious institution and its ministers. Continue reading

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