ARTICLE: WHAT'S RELIGION GOT TO DO WITH IT? 1 VIRTUALLY NOTHING: HOSANNA-TABOR AND THE UNBRIDLED POWER OF THE MINISTERIAL EXEMPTION Skip over navigation
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Copyright (c) 2013 Trustees of the University of Pennsylvania. All Rights Reserved.
University of Pennsylvania Journal of Law and Social Change

ARTICLE: WHAT'S RELIGION GOT TO DO WITH IT? 1 VIRTUALLY NOTHING: HOSANNA-TABOR AND THE UNBRIDLED POWER OF THE MINISTERIAL EXEMPTION

2013

University of Pennsylvania Journal of Law and Social Change

16 U. Pa. J.L. & Soc. Change 133

Author

Marsha B. Freeman*

Excerpt



INTRODUCTION
 
The United States Supreme Court recently ruled against a high school teacher who had claimed discrimination under the Americans with Disabilities Act (ADA) after being fired from her lay position at a church-run high school. 2 While the case ostensibly revolved around her claim for reasonable accommodation for a medical condition, 3 the decision was based not on whether such an accommodation was both available and reasonable under the Act, but on whether the school had to provide one even if it were, holding that the Act exempted the school from such requirements merely because of its religious status. 4

The Americans with Disabilities Act of 1990 expanded the protections already available under the Rehabilitation Act of 1973. 5 Section 504 of the Rehabilitation Act banned discrimination on the basis of disability by the federal government, federal contractors, and any organization receiving federal financial assistance. 6 The ADA covers not only these entities, but all state and local governments and even private businesses and employers that meet the definition of a "public accommodation," such as theaters, hotels, restaurants, hospitals and medical offices, office buildings, and similar arenas. 7

The ADA is considered one of the most important pieces of civil rights legislation to have been enacted by the nation, following in the footsteps of the landmark Civil Rights Act of 1964. 8 President George H. W. Bush signed the legislation into law on July 26, 1990, saying "let the shameful wall of exclusion finally come tumbling ...
 
 
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