Interesting article: Disability Law, the ADA and the Courts
Uncommon Appeals Court Case on the ADA's Religious Exemption
In an Americans with Disabilies Act (ADA) suit against a private Quaker school and three of its employees, parents of a student claimed that the school created a discriminatory environment complete with public humiliation, improper physical discipline, and an orchestrated campaign to force his withdrawal from the school. The school also allegedly failed to adequately accommodate the boy's Attention Deficit Disorder and related learning disabilities.
The lower court had granted judgment to the school on account of the ADA's exemption for religious organizations. The basis of that decision was a single affidavit by the Head of School describing the intimate connections between the local Quaker Meeting and the school; the family filing suit had not had an opportunity for pre-trial discovery into the factual basis for any religious exemption.
The crucial issue in this case for the court is whether the school is "controlled" by the Quaker religious organization. The ADA provides that its provisions “shall not apply ... to religious organizations or entities controlled by religious organizations, including places of worship.” 42 U.S.C. § 12187. If Abington is a religious organization (or controlled by one), then the case must be dismissed.
-In this decision by the federal Third Circuit Court of Appeals, the court noted the paucity of caselaw on the religious exemption. "No court of appeals has yet fully examined the ADA's religious exemption, and the undeveloped state of this record makes us reticent to do so now." Whether Abington qualifies is a "mixed question of law and fact," and the family is entitled, the court held, to discovery on the school's nature, religious or otherwise. The court concluded:
"One of the oldest primary and secondary schools in the country, long known for its Quaker heritage, superficially seems to be a strong candidate. But discovery digs subsurface and may unearth facts that tend to support the contrary conclusion. Because the Does were not given an opportunity to marshal facts in aid of their argument, we vacate the District Court's grant of summary judgment and remand this case for further proceedings.”
Information on this blog: Posted by a 34 year veteran advocate for people with disabilities, and former special master for a federal court, this blog discusses developments in disability law generally, interesting litigation, and also activity regarding the Americans with Disabilities Act ( ADA ). Also discussed are how the courts, government agencies, the advocacy and service providers, are responding to these developments.
I am SO dissappointed in the Quakers - "Friends". 
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Less interesting and more 
From Almanac of Policy Issues: The Americans with Disabilities Act: Statutory Language and Recent Issues
- Title III contains a specific exemption for religious entities. 131 This applies when an entity is controlled by a religious entity. For example, a preschool that is run by a religious entity would not be covered under the ADA; however a preschool that is not run by a religious entity but that rents space from the religious entity, would be covered by title III.
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Maybe ADA does not apply to some federal government jobs but does to Congress:
From: LAWS THAT APPLY TO CONGRESS
The Americans with Disabilities Act of 1990 (ADA)28 provides that no covered entity: ``Shall discriminate against a qualified individual with a disability because of the disability of the individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions and privileges of employment.''29
Specifically exempted from coverage of the ADA, however, are ``the United States, a corporation wholly owned by the government of the United States, or an Indian tribe,''30 and Federal departments and agencies remain subject only to 501 of the Rehabilitation Act.31 However, 509 of the ADA expressly extends coverage to Congress and ``instrumentalities'' of the legislative branch.
