Written by the-supremes-9eSchool: The Paideia School
Class: The Supremes
The Americans with Disabilities Act of 1990 states “No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.” (title 42, chapter 126, subchapter 1, section 12112 a). Because Perich’s narcolepsy was under control, and therefore did not interfere with her teaching abilities, the aforementioned statement stands in her favor. Because of this act, it should not matter who her employer was, if she performed religious duties, or if she was an ordained minister. Religious organizations could take advantage of the deference given by courts. Technically, a religious institution could discriminate against individuals who apply for jobs based on skin color, sexual orientation, disabilities, or religious beliefs. The said individual could not challenge the institution based on the deference granted by the court, and therefore would suffer unnecessary and illegal abuse by discrimination.