ADA & EEOC Statements

This one is easy, right?

The Catholic faith is in and of itself a policy of non-discrimination. And, regular practice of corporal and spiritual works of mercy predispose us to want to help and accommodate those in need. Both of these items are matters of Federal legislation and therefore mutable only if challenges are made in federal courts. All the Catholic apostolate needs to do is make sure they comply and then state in the employee manual that they are aware of the legislation and do comply. Examples of how to word these are made available.

Non-Discrimination, EEOC

This legislation states that an organization must have a policy not to discriminate with regard to employment on the basis of age, sex, race, color, religion, national origin or disability.

There is of course an exception which would apply to most CRA members. Religious institutions may give hiring preference to members of that religion as explained on the EEOC.gov website:

Religious Organization Exception: Under Title VII, religious organizations are permitted to give employment preference to members of their own religion. The exception applies only to those institutions whose “purpose and character are primarily religious.” Factors to consider that would indicate whether an entity is religious include: whether its articles of incorporation state a religious purpose; whether its day-to-day operations are religious (e.g., are the services the entity performs, the product it produces, or the educational curriculum it provides directed toward propagation of the religion?); whether it is not-for-profit; and whether it affiliated with, or supported by, a church or other religious organization.

Americans with Disabilities Act, ADA

Just to reiterate, be aware of the requirements for your physical environment and make sure you comply. ADA also requires that persons with disabilities may not be discriminated against for employment as long as the individual is qualified for the job.

Disclaimer: The explanations provided above are for general informational purposes only and should not replace sound legal counsel to your organization.

Resources

Religious Organization Exception

Americans with Disabilities Act

This exception is not limited to religious activities of the organization. However, it only allows religious organizations to prefer to employ individuals who share their religion. The exception does not allow religious organizations otherwise to discriminate in employment on the basis of race, color, national origin, sex, age, or disability. Thus, a religious organization is not permitted to engage in racially discriminatory hiring by asserting that a tenet of its religious beliefs is not associating with people of other races.

Unfortunately, this exemption is currently subject to case review in some states. CRA is committed to keeping members up to date not only on current legislation but also how it may be interpreted in case law.