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On ADA Anniversary, Professor Kanter Critiques Biel Decision in The Hill, Jurist

Posted on Monday 7/27/2020
Arlene Kanter

Religious freedom is no reason to deny people with disabilities the right to equality in the workplace

The Hill | July 26, 2020

... Just as Congress acted to correct the court’s decisions in the Sutton trilogy of cases, Congress should act now to correct the court’s misinterpretation in Biel of Title I’s religious “ministerial exception.” Unless an employee has a leadership role in a religious organization, the employee should be protected under the ADA as well as all other civil rights laws. 

Five years ago, President Obama observed that the 25th anniversary of the ADA is a cause for celebration but also a time to “address  the injustices that linger and remove barriers that  remain.” The Biel decision is an example of the court’s unwillingness to fully protect the right to  equality in the workplace for people with disabilities. It is now up to Congress to act again and correct the court’s misguided decision that tramples on the rights of people with disabilities — this time in the name of religious freedom ...

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Turning Their Back on People with Disabilities in the Name of Religious Freedom

Jurist | July 26, 2020

... Other scholars will debate the constitutional implications of this case. But as we celebrate the 30th Anniversary of the ADA today on July 26, 2020, we should be wary of a Supreme Court that allows religious institutions to be shielded from compliance with our civil rights laws. Upon signing the ADA, President Bush called on Americans to “remove the physical barriers we have created and the social barriers that we have accepted. For ours will never be a truly prosperous nation until all within it prosper.” 

The Supreme Court just slammed the door shut on people with disabilities, including those who wish to follow their faith and teach in religious schools. That sounds less like the Court’s upholding of religious freedom and more like a free pass for religious institutions to discriminate ... 

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