3rd Circuit Allows Discovery On Whether School Qualifies For ADA Religious Exemption

Yesterday, the U.S. 3rd Circuit Court of Appeals said that a decision on whether the exemption for religious organizations from coverage under the Americans for Disabilities Act should apply to a school should not be made until after plaintiffs have an opportunity to carry out discovery. In Doe v. Abington Friends School, (3d Cir., March 15, 2007), the Court of Appeals reversed the district court's dismissal of the suit, saying that Abington as "one of the oldest primary and secondary schools in the country, long known for its Quaker heritage, superficially seems to be a strong candidate. But discovery digs subsurface and may unearth facts that tend to support the contrary conclusion."