On August 15, 2022, B.R. and E.R. filed a class action petition or an injunction, seeking to enjoin the Archdiocese of New Orleans from including questions—whether orally or in writing—that require applicants to the Archdiocese’s Catholic schools to disclose disabilities that the applicants might have.
The trial court ruled in favor of the children, granting the preliminary injunction. The Archdiocese appealed.
The Court of Appeals explained that a party moving for a preliminary injunction must show: (1) that the moving party will suffer irreparable injury, damage, or loss if the motion is not granted; (2) the moving party is entitled to the relief sought; and (3) the moving party will likely prevail on the merits of the case.
The Archdiocese argued that the children would not suffer irreparable injury in the absence of the injunction. The children argued that because the Archdiocese was violating Louisiana law, it is presumed that they suffered irreparable harm. Louisiana Revised Statutes 46:2254 states that an individual will not be subject to discrimination on the basis of a disability, or denied the benefits of any program or activity that receives financial assistance from the state. The statute also states that use of a written or oral inquiry or form of application for admission that elicits or attempts to elicit information concerning the disability of an otherwise qualified applicant is discriminatory and contrary to the statute.
Furthermore, Louisiana Revised Statutes 51:2232 states that places of public accommodation cannot engage in a direct or indirect act that excludes, distinguishes, restricts, segregates, limits, refuses, denies, or differentiates the treatment of a person because of a disability.
The Archdiocese argued that the children did not prove that they were recipients of state funding. The Court of Appeals reviewed the Louisiana Department of Education’s (“DOE”) website, which disclosed that at the time of the petition, almost all of the Catholic schools owned and operated by the Archdiocese had students participating in a program in which the DOE assisted in paying tuition to the Archdiocese on behalf of those students. Accordingly, the Court of Appeals found that the Archdiocese was a recipient of state government funding and subject to the Louisiana statute.
The Archdiocese then argued that the questions posed about prospective students’ disabilities was simply to assess the prospective students’ needs in order to determine whether that particular school would be able to meet those needs. The children argued that this displays the very essence of the discriminatory purpose because it treats those with disabilities less favorably during the admissions process. The children also argued that the intent of the discriminatory activity is irrelevant if the actual effect deprives an individual of an equal opportunity.
The Court of Appeals agreed with the children. It reasoned that the Archdiocese directly violated the Louisiana laws when it treated pre-admission students with disabilities differently than those pre-admission students without disabilities.
The Court of Appeals upheld the trial court’s ruling.
Minor Child. v. Roman Cath. Church of the Archdiocese of New Orleans, 2024-0008 (La App 4 Cir 08/20/24).
Note: Private schools should be aware that pre-admission inquiries into a student’s disability can run afoul to the Americans with Disabilities Act (ADA). Many religious schools are typically exempt from the ADA, but there may be times where other laws apply as a result of a school’s receipt of state or federal funding, as was the case here.