Abstract

AIDS: The Wekiva Presbyterian Church in Orlando, FL contends that the First Amendment precludes court review of employment-related claims brought under the Americans with Disabilities Act (ADA) or State disability rights laws. The matter will be decided in an ADA suit brought by [name removed], the music director for the church, who claims he was fired when church officials learned that he has AIDS. The church believes that it should be exempt from Title I as well as Title III because enforcing Title I would involve investigation of church practices and decisions. In its motion, the church claims that [name removed] is a member of the clergy and therefore the court should decline to interfere in the case. [Name removed] contends that he is merely an employee who had previously received excellent performance reviews and is being treated unfairly. The ADA does not currently exempt religious organizations from Title I compliance. However, a religious organization could require that all employees conform to religious rules and tenets, including abstaining from nonmarital sex.