Special Rules for the Church: The “Ministerial” Exception under the Americans with Disabilities Act

In the Hosanna-Tabor case, the United States Supreme Court held that there is a broad exception under the Americans with Disabilities Act (ADA) for employees who are ministers. A Lutheran Church–Missouri Synod school could fire an elementary school teacher with a disability because she was a “called...

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Bibliographic Details
Main Author: Taylor, Robin M. (Author)
Format: Electronic Article
Language:English
Check availability: HBZ Gateway
Interlibrary Loan:Interlibrary Loan for the Fachinformationsdienste (Specialized Information Services in Germany)
Published: 2012
In: Dialog
Year: 2012, Volume: 51, Issue: 3, Pages: 224-233
Further subjects:B ELCA
B Separation of church and state
B Americans with Disabilities Act
B Hosanna-Tabor
B Ministerial Exception
Online Access: Volltext (lizenzpflichtig)
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Description
Summary:In the Hosanna-Tabor case, the United States Supreme Court held that there is a broad exception under the Americans with Disabilities Act (ADA) for employees who are ministers. A Lutheran Church–Missouri Synod school could fire an elementary school teacher with a disability because she was a “called teacher,” even though the termination would otherwise have violated the ADA. The Evangelical Lutheran Church in America supported this decision, but this contradicts the ELCA's position with respect to persons living with disabilities. It also reflects an “idolatry of the call” inconsistent with the priesthood of all believers. A better course for the ELCA is to agree to be bound by those standards that it advocates for the secular world.
ISSN:1540-6385
Contains:Enthalten in: Dialog
Persistent identifiers:DOI: 10.1111/j.1540-6385.2012.00688.x