How the ADA Applies to Churches
Some information provided by the ADA National Network.
Representative Photo of a Church
Most church organizations in the United States are considered religious entities. Religious entities include places of worship, such as mosques, synagogues, and churches. Additionally, other places or programs controlled by religious entities are also considered religious entities. These places or programs include but are not limited to schools, hospitals, day care centers, adoption agencies, thrift shops, shelters, and food banks.
Religious entities are completely exempt from Title II and Title III of the Americans with Disabilities Act (ADA). All of their facilities, programs, and activities, whether they are religious or secular in nature, are also exempt.
The programs of religious entities that are open to the general public are not required to comply with the ADA. For example, if a religious entity controls a school that is open to both members and non-members of the religious entity, the school is still considered a religious entity and is exempt from Title III. Likewise, if a religious entity holds an event, such as a festival or performance, which is open to the general public, it is still exempt from compliance with the ADA.
The religious entity’s exemption does not extend to a non-religious tenant. For example, if a private business rents space in a religious entity’s building and operates a day care center that is open to the general public, the day care center will be covered by Title III of the ADA and subject to all its requirements. But this ADA compliance is the responsibility of the private business, not the religious entity. In other words, the religious entity remains exempt even though it “leases to” a covered business.
Similarly, if a state or local government offers a program or activity at a religious entity’s facility, like an election polling place located at a church, the religious entity is exempt. The state or local government, under Title II, is responsible for compliance with the ADA in relation to that program or activity.
Whether the ADA applies to an organization, facility or program does not depend on its name, but rather on how it operates and by whom it is controlled. The names of organizations, facilities or programs do not necessarily mean they are religious entities. For example, a St. Patrick’s Day Parade may sound like an event sponsored by a religious entity, but it typically is not and this event would need to comply with the ADA for issues like public seating to observe the parade.
Members of the clergy and other employees who perform essentially religious duties, such as conducting religious ritual, worship, or instruction, are generally excluded from Title I protections of the ADA and other employment discrimination laws. This “ministerial exception” is based on the First Amendment to the Constitution, which limits government interference with the free exercise of religion, and is well established by the courts. The exception only applies to employees who perform ministerial functions, however. Employees such as custodians, administration, accountants, or food service workers, who have no ministerial role or duties, would generally be protected under Title I of the ADA.
All that said, compliance with Title II and III of the ADA is still an option for a religious entity, just not a requirement. Also, compliance with the ADA is an opportunity for a religious entity to make their programs and facilities more welcoming and inclusive. Like a private business, compliance with the ADA will encourage individuals with disabilities to visit a religious facility and participate in their programs, including making donations to the religious entity. In other words, money spent by the religious entity to make their programs and facilities more compliant with the ADA could pay off in increased visitation and participation at the religious entity.
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