There are many misconceptions and often confusion regarding the legal rights that churches and nonprofits hold. Understanding the benefits and requirements of the law will not only keep you out of hot water but also allow you to utilize the laws that help further your organization's mission and vision.
Rarely does anyone wake up desiring to violate an employment law. What unfortunately occurs is that, when people have a difficult employment situation, they feel like they are either in the right or they are unaware of the laws applicable to the situation. The law is very nuanced and having an attorney in your corner to help navigate situations is the best way to ensure that you and your organization comply. In this series, we will take a deeper look at employment laws.
ADA - The Letter of the Law
The Americans with Disabilities Act A) is a civil rights law that protects disabled employees. ADA can feel confusing at first, but with proper understanding, it is fairly easy to implement and maintain. ADA prohibits employers with at least 15 employees, and that are engaged in interstate commerce, from discriminating in any employment decision against a qualified individual with a disability who is able, with or without reasonable accommodation from the employer, to perform the essential functions of the job.
Nonprofits and charities have two caveats to this law:
It is important to note that:
Title III (structures) does have an exception for religious organizations.
Title I (employment) does not have a religious exception, but ministerial exception may apply.
ADA - Implementation
The ADA requires an “interactive process” throughout the accommodation request process. Churches and organizations get in trouble when they stop communicating or keeping written records with employees requesting accommodations.
What does an interactive process look like?
Recognize an accommodation request >> Gather information >> Explore accommodation options >> Choose an accommodation >> Implement the accommodation >> Monitor the accommodation
Following these steps allows for successful implementation and will help keep your non-profit compliant with the interactive process requirements. It is also good to write detailed job descriptions for each role you have a position for, implementing regular reviews and updates every couple of years. Also, ensure that all your managers are thoroughly trained on your ADA process and employee handbook procedures. Bringing in an attorney to do this training has many benefits and can relieve the burden on top leadership.
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The information provided in this article does not, and is not intended to, constitute legal advice or investment advice; instead, all information, content, and materials available in this article are for general informational purposes only. Information contained in this article may not constitute the most up-to-date legal or other information. This article contains links to other third-party websites. Such links are only for the convenience of the reader, user, or browser; the author does not recommend or endorse the contents of the third-party sites.
Readers of this article should contact their attorney to obtain advice with respect to any particular legal matter.
Anthony & Sparkman, PLLC is a law firm located in both Dallas/Fort Worth and Georgetown, Texas that provides legal counsel to both churches and nonprofits around the world. John Anthony & Michele Sparkman have spent over a decade providing general counsel to churches and nonprofits on issues ranging from incorporation, governance, employment, policies and procedures, taxes, succession planning, real estate development, and much more. For more information visit our website at www.thenonprofitteam.com.
