helpful to have a statement that the board is the final arbiter of the religious principles in the handbook, and have the parents agree to that.


The case is In re St. Thomas High Sch., 495 S.W.3d 500 (Tex. Ct. App. 2016).


Editor’s Note: While this is a state of Texas case, it could be persuasive in other state courts or federal courts. The Texas opinion does cite a U.S. Supreme Court Case, Watson v. Jones, where the court there did establish the ecclesiastical abstention doctrine.


The Verdict Disabled: Accommodate or Not?


Under the Americans with Disabilities Act, Ms. Owens- Hart needed to demonstrate that she was disabled, that she notified the university regarding her disability, that she could do the essential functions of her job, and that the university failed to make reasonable accommodations for her. The university did not argue regarding the content of her claims, however, they argued the claims were untimely and thus barred.


In this case, the applicable statute of limitations for a lawsuit was 300 days from the date the discrimination act occurred. The EEOC charge was filed in July of 2013, so the only discriminatory acts that could be considered were those occurring after September of 2012. The university argued that she made her request in March of 2009. This argument was made on previous court decisions, which turned on whether a request was simply a repeat of a prior request or a new request.


After much review and discussion, the court ruled that Ms. Owens-Hart made separate and distinct requests to the university for several years. They were not simply repeats of a denied request. The court stated that a new limitations clock starts running with each new request to be accommodated. Therefore, the university’s request for summary judgment and dismissal of the case was denied because Ms. Owens-Hart had made new requests after September of 2012. Even after that time, her requests were differing accommodations, such as working from home. Therefore, her case will be allowed to go to trial or be settled by the university.


What Does This Mean for Christian Schools?


When it comes to employment, Christian schools are not exempt from the Americans with Disabilities Act. If an applicant claims a disability or an employee becomes disabled, it is important that the school enter into an interactive process and address any requests for accommodations. Since 2008, almost anything that hinders a major life activity is considered a disability. Therefore, if an applicant or employee claims they are disabled, it is incumbent on the Christian school to seek


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reasonable accommodations. The only way not to provide reasonable accommodations is if the accommodations would place an “undue hardship” on the school.


A Short Summary of ADA


The employment provisions of the Americans with Disabilities Act (Public Law No. 101-336, 42 USC §12101 et seq.), took effect on July 26, 1992. Employers who have employed 15 or more full- and part-time employees for at least 20 weeks in the current or preceding year are subject to the ADA. (Some state disability laws could even apply to organizations that employ a small number of employees.) Title I of the Act requires employers to provide reasonable accommodations so that disabled job applicants may qualify for employment, or current employees that may become disabled may continue employment, if they can perform the essential functions of the jobs. It is discriminatory for the employer to fail to make reasonable accommodations unless the employer “can demonstrate that the accommodations being considered impose an undue hardship on the operation.”


Essential function is defined by the Equal Employment Opportunities Commission, the agency that enforces ADA, this way:


In identifying an essential function to determine if an individual with a disability is qualified, the employer should focus on the purpose of the function and the result to be accomplished rather than the manner in which the function presently is performed. An individual with a disability may be qualified to perform the function if an accommodation would enable this person to perform the job in a different way, and the accommodation does not impose an undue hardship. Although it may be essential that the function be performed, frequently it is not essential that it be performed in a particular way.


The ADA says an employer must reasonably accommodate a worker’s disability if the applicant could otherwise perform the “essential functions” of the job in question. That’s why it’s critical that you clearly define the essential functions in your job description.


© 2017 by the Association of Christian Schools International


Telios Law serves businesses, individuals, ministries, and churches, representing them in litigation, appeals, and alternatives to litigation, as well as giving legal advice on a variety of issues. Preventive planning or negotiating can often avoid lawsuits. And if you are going to be in a legal proceeding, you should have excellent legal support.


Telios Law also serves families who have children with disabilities or special education needs. Usually this involves planning, negotiating with schools, or administrative proceedings.


Continued from Jury Box on pages 65. .


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