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In 1990, Congress passed the Americans with Disabilities Act (ADA). The ADA applies to employers with 15 or more employees, including churches or religious ministries. Even part-time employees count, so a person who works only a few hours per week counts toward the 15-employee threshold, as long as that person is identified as an employee.

ADA regulations stress that physical (and to an extent, mental) impairments or disabilities should not be barriers to employment. The ADA prohibits discrimination against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. (For more information go to www.usdoj.gov/crt/ada.)

The ADA defines an individual with a disability as a person with a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Examples of some common impairments include the use of a wheelchair, vision or hearing impairments, aids, and certain mental disabilities such as adhd or fundamental communication problems.

Although the ADA regulations are limited in scope, all 50 states and the District of Columbia have broader laws and regulations that impact transportation, housing, hotel and restaurant accommodations, public spaces, retail licensing, and building permits using public funds. Regulations differ from state to state.

An employee job description is key to knowing when employee impairment exists. The job description must indicate clearly what functions are required to carry out the work. An example description could read, "Must be able to bend over, climb ladders, and lift a minimum of 25 pounds." An employment applicant must affirm that he or she can carry out the work described, or indicate the limitations they face. An employer cannot require a medical examination or ask intrusive questions about a person's disabilities, but can ask if he or she can carry out the work responsibilities. Employee access issues can also arise if a previously able-bodied employee becomes permanently disabled and seeks to return to his or her job.

Physical changes in the workplace needed to accommodate employee handicaps can be significant. An office may need to be redesigned to provide ease of access to a person in a wheelchair. Entry points may need to be widened and doors may need larger handles and automatic access buttons (using a push of the hand or electronic signal) for ease of opening. Ramps or lifts may need to be provided where there are stairs. Furniture may need to be ergonomically suitable. Telephones may require listening devices or TDD functions. Restrooms may need to be refitted with larger spaces, higher toilets, lower sinks, and grip bars for ease of physical transfer from a wheelchair to a toilet.

The ADA has language about accommodation stating an employer does not have to hire a person with disabilities if the methods of accommodation cause undue hardship financially. An employer's size and financial resources will be considered by regulators should an employment dispute arise. When considering hiring persons with disabilities, church administrators and the pastor may find it helpful to work with an architect to evaluate access needs and options, and with local eeoc offices or the local Center for Independent Living for a review of office furnishings and technologies to determine what adaptations may need to be made.

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