Tuesday, October 4, 2011

Legal Discrimiantion Based on Religion

This week the US Supreme Court declined to hear a case that pitted three former employees against World Vision Inc.  By refusing to hear the case, the Justices have essentially affirmed the lower court's decision allowing World Vision to use religion as a component of employment decisions.

Yes, you read that correctly.

At the heart of the case is the fact that World Vision is a faith-based humanitarian organization and as such reserves the right under the Civil Rights Act to hire and retain only those employees who hold the same religious beliefs.  The organization doesn't keep this practice a secret, on the "careers" section of their website it states:

"Who You Are:
You are a committed Christian eager to put your faith into action every day as you use your life to make a tangible difference for children in need. ...... 


You are an experienced, results-oriented professional excited at the prospect of using the unique gifts and talents God has given you to help children and families in need.
World Vision U.S. hires only those who agree and accept to its Statement of Faith and/or the Apostles' Creed."

 As a faith-based humanitarian organization, World Vision has the court's permission to discriminate in hiring based on religious affiliation.  This is not something you should consider as a private organization as you would not have the same dispensation.  Furthermore, just because an organization can legally discriminate, I personally wouldn't recommend that they do so.

First, this could be a PR nightmare for World Vision.  Time will tell what the overall effect of the press on the case is.  

Secondly, it could result in a loss of funding for the organization as non-Christians who have donated in the past opt to put their financial resources to use within other organizations that do not have the same employment practices. It's possible - I'm uncertain how large of an impact this will have.  May be an interesting case study for people in the non-profit arena who study such things.

Thirdly, I absolutely, fundamentally believe in building a diverse and inclusive workforce.  By bringing together people who look at the world through different filters we are able to create more innovative solutions.  An inclusive workforce brings out the greatest brilliance of employees as fear isn't keeping ideas in the shadows.

As such, I find some irony in this portion of their "Who you are" statement on the career page:
 "You recognize the importance of working together with diverse partners--including individuals, churches, corporations, and governments"

It's worth noting, that there are faith-based humanitarian organizations the do not choose to utilize their right under the Civil Rights Act to discriminate based on religious affiliation.  Habitat for Humanity, for example.

As a long-time volunteer with Habitat, I am well aware that while they are a Christian-based organization, you do not need to be a Christian to (a) Be a Habitat Homeowner, (b) Volunteer with Habitat or (c) Work for Habitat as an Employee.

Volunteering with Habitat I have worked alongside Christians, Buddhists, Agnostics, Atheists and Jews and those are only the religious affiliations I've been made aware of - I am certain others have been present on builds as well. 

Similar circumstances - different approaches.

What do you think?  Would love to hear your insights as a hiring manager, job candidate, supporter of non-profit organizations and member of the community at large!


May all your Endeavors be Insightful,

Nora A Burns, SPHR
Insightful Endeavors International, Inc

1 comment:

Tanja said...

I remember first hearing about world vision's hiring practices a couple of years ago and thinking that it's a discrimination law suit waiting to happen. I'm surprised with the verdict though. The key here is who their target group is. If they work for the well being of all children, regardless of faith, they have to apply that to their hiring practices. I don't see how being a christian is a requirement, unless they want their staff to spread the 'good word of the lord', in which case they HAVE to state this in their purposes, which they don't. (here's what their purposes in Canada are for example: http://www.worldvision.ca/Programs-and-Projects/Canadian-Programs/Pages/Our-Purpose.aspx)
This to me signifies lack of transparency which can be damaging to an NGO. And I do think that if this gets enough press it could in the long term be a blow to their fundraising efforts. The profile of people who give charitable donations is changing and has been for quite some time. More and more non-religious donors make for a diverse donor pool, so I think they stand to lose on this over time. The biggest problem is that World Vision has realized this - it's reflected in the contents of their website, with language that could easily come from a secular NGO. But as they attempt to diversify their donor base, they must apply the same logic to their hiring practices. My verdict, as a "supporter of non-profit organizations and member of the community at large" is: Unacceptable.