For Christian schools in the US seeking or maintaining 501(c)(3) tax-exempt status, the IRS requires a racially nondiscriminatory policy, outlined in Revenue Procedure 75-50, which necessitates publicizing this policy and operating in accordance with it. This requires the submission of IRS Form 5578.
In recent years, LCS has witnessed many churches and Christian schools proclaiming themselves as “Equal Opportunity Employers” (EOEs), aiming to appear they are following legal requirements for hiring. However, religious faith-based organizations, by the very nature of their beliefs and operations, may face significant challenges in aligning this claim with their doctrinal positions, and the religious liberties provided for in Federal law. Below, we will explore the reasons why a religious faith-based organization should not claim to be an “Equal Opportunity Employer” in the traditional sense, particularly when this statement conflicts with their religious principles.
Religious Doctrines and Core Beliefs
Religious faith-based organizations are typically guided by deeply held doctrinal beliefs, which may inform hiring practices. Christian schools and churches often require employees to adhere to certain religious values, practices, or ethical standards. For example, religious institutions may expect their staff to demonstrate personal faith, engage in prayer or worship, and uphold the tenets of the faith. In some denominations, drinking alcohol may be prohibited. The church or Christian school may want to ask if potential employees consume alcohol. This idea is protected under federal law. This is NOT protected as an Equal Opportunity Employer.
Claiming to be an “Equal Opportunity Employer” as a religious institution could present a conflict with the very nature of school’s religious identity. For example, an evangelical Christian school may prefer to hire only individuals who are members of a specific denomination of churches, or adhere to specific Christian beliefs and practices, which would not align with the broader EOE claim that would require equal treatment of all individuals regardless of religious background. A similar situation can arise for Jewish, Muslim, or other religious institutions, which might require employees to share their faith in order to authentically represent the organization. By claiming EOE status, these organizations undermine and ultimately negate the ability to exercise religious autonomy and freedom.
Legal Considerations and Religious Exemptions
U.S. law acknowledges that religious organizations may not always be required to adhere to certain provisions of anti-discrimination statutes that apply to other “non-religious” employers. Under Title VII of the Civil Rights Act of 1964, religious organizations are granted exemptions that allow them to hire employees who share their religious beliefs without facing legal challenges for discrimination. This “ministerial exception” allows faith-based institutions to hire and fire employees based on religious criteria, as long as the employee’s role is considered to be religious in nature (Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, 2012).
When a Christian school or church declares itself as an EOE, it unintentionally misrepresents the legal exemptions available to it. These exemptions are grounded in the First Amendment’s guarantee of religious freedom, which allows religious organizations to define their own employment practices in accordance with their beliefs. This legal framework makes it clear that certain religious entities are allowed to prefer co-religionists for certain positions, and doing so does not equate to discrimination as it might in a secular context.
Clarity and Transparency in Communication
Claiming to be an “Equal Opportunity Employer” can cause confusion among potential employees about the organization’s actual hiring practices. Candidates who do not share the faith or values of the organization may apply, believing that their qualifications, rather than their religious background, will be the deciding factor in hiring. This expectation could lead to disappointment or resentment if the organization rejects applicants based on religious beliefs or lack thereof, or worse, could result in legal action by the applicant against the church or school.
Religious organizations should instead consider using a more specific and transparent label to reflect their hiring practices. For example, they could declare themselves as “a faith-based employer seeking individuals who share our religious values,” or something similar that accurately describes their employment philosophy and avoids misleading candidates about the organization’s expectations. This ensures that applicants are fully aware of the nature of the institution and its criteria for employment before applying, fostering greater transparency and respect for all parties involved.
Impact on Workplace Culture and Integrity
Workplace culture in a religious organization is often grounded in shared beliefs, values, and practices. Religious groups may view their work as a form of ministry or spiritual service, and as such, the integrity of the organization and its mission may depend on the alignment of its employees’ personal convictions with the organization’s faith-based objectives. Hiring individuals who do not subscribe to these values could, in some cases, undermine the integrity and effectiveness of the organization’s mission.
By claiming EOE status, a faith-based organization might inadvertently open itself to the possibility of hiring individuals whose values conflict with the core tenets of the organization. For example, an employee of an Assembly of God Christian school might personally disagree with the School’s position on abortion or sexuality. While the organization may still be legally permitted to hire or terminate based on these disagreements, the reality is that such discrepancies could create internal tension, potentially impairing the effectiveness of the organization in fulfilling its mission. (Catholic school fires Unwed Pregnant Teacher)
Balancing Non-Discrimination with Religious Freedom
While non-discrimination is an important principle that should guide employers in providing equal opportunities to individuals of all backgrounds, it must be balanced with the fundamental right of religious freedom. Religious organizations have the constitutional right to freely practice and express their faith. This includes making employment decisions based on religious considerations when those decisions are essential to the organization’s purpose.
Thus, a religious organization may not be able to fully reconcile the broad, secular principle of equal opportunity with its religious values. Instead, these organizations should be transparent about their hiring criteria, explaining that their employment practices reflect religious convictions that might not be in alignment with general non-discrimination guidelines in secular organizations.
Conclusion
Religious faith-based organizations are inherently different from secular entities in their mission, values, and operational focus. While the principle of equal opportunity is important in many contexts, applying it in the same way to your church or Christian school will directly conflict with the fundamental right to religious freedom and the integrity of their mission. By refraining from claiming “Equal Opportunity Employer” status, these organizations can more accurately represent their unique hiring practices, ensuring that applicants understand the faith-based nature of the institution and the expectations that come with working there. Transparency and respect for religious autonomy can help avoid misunderstandings and maintain the integrity of both the organization and its employees.
References:
- Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, 565 U.S. 171 (2012).
- Title VII of the Civil Rights Act of 1964, 42 U.S.C. ยง 2000e et seq.
- “Religious Organizations and Title VII of the Civil Rights Act of 1964.” U.S. Equal Employment Opportunity Commission, www.eeoc.gov.
- Victoria Crisitello v. St. Theresa School, https://www.njcourts.gov/system/files/court-opinions/2023/a_63_20.pdf