Posted on March 18, 2008 by Karl Romberger

Protect your right to the ADA religious exemption

Religiously-affiliated independent schools and colleges need to take certain steps to have the protection offered by the religious exemption in the Americans With Disabilities Act, which states: “The provisions of this subchapter shall not apply to . . . religious organizations or entities controlled by religious organizations, including places of worship.” 42 U.S.C. § 12187. Whether an institution is entitled to the exemption is a factual question. A summary of factors is at the end of this entry.  

The Third Circuit “touched” on the issue of ADA’s religious exemption as applied to private schools in Doe v. Abington Friends School, 480 F.3d 252 (3d Cir. 2007). The plaintiffs claimed Abington Friends School (“AFS”) discriminated against their son, a student with disabilities (ADHD and learning disabled) attending the school. Among other things, the plaintiffs claimed AFS used improper discipline and failed to accommodate him.  

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Posted on January 22, 2008 by Karl Romberger

Muslim attire and track suits: let religious belief run free

A multi-colored unitard running outfit is not what I usually think of when it comes to Muslim attire. But according to an Associated Press article in The Washington Post, a high school student was disqualified from a track event because her attire, a multi-colored unitard that complied with her Muslim beliefs, did not comply with competition rules. Note: according to the student, the unitard is not a performance-enhancing item.   

Although she had competed in other scholastic track events wearing the same outfit (and apparently with much success), officials at an invitational event in Montgomery County, Maryland found the outfit violated its rules. The outfit – a custom one-piece blue and orange unitard – covered her head, arms, torso and legs, overtop of which she wore her school’s uniform. Evidently, the unitard violated a rule against multi-colored uniforms and track officials offered to permit her to wear a white tee-shirt over the unitard covering the offending multiple colors. Track officials denied that the decision was based in any religious bias. 

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