by Chelsea Langston

Recurring news stories about challenges to the employment practices of faith-based organizations are a reminder of the urgent need for ministries to align their policies and practices with their stated religious beliefs. Yet this is a mission imperative and not only a legal necessity.

This is a time for faith-based organization to consider deeply why they do what they do the way they do it—not just to protect themselves legally but also to be true to their convictions and a shining witness to the world.

Below are excerpts from a forthcoming IRFA equipping resource designed to guide faith-based organizations in advancing their religious freedom in the key area of religious staffing in a comprehensive way: through Public Policy engagement, the implementation of best organizational Practices, and the cultivation of a positive Public Perception.

Public Policy: Many religious organizations are unaware of federal, state, and local legislation that either restricts or protects their religiously-based practices, including staffing on a religious basis. Unaware of protective laws, they may try to hide their religious character and practices, trying to function as a faith-based organization without being explicitly religious to the public. This is legally dangerous and should be stopped. The freedom to live out organizational practices consistent with religious convictions is only upheld for organizations recognized as religious.

Understanding your rights and legal obligations as an FBO is an important first step to legal safety and mission consistency. According to both Title VII of the Civil Rights Act of 1964 and the US Supreme Court decision in Corporation of the Presiding Bishop v. Amos, your organization is allowed to make staffing decisions based on religious criteria for all positions. Federal, state, and local legislation are not identical. As an FBO, you should know which laws affect your staffing practices. This includes sexual-orientation and gender-identity nondiscrimination laws, as well as Religious Freedom Restoration Act protections.

Our heritage and legal tradition have supported religious service organizations. But independent organizations are being increasingly regulated by the government, while society’s understanding of “religious freedom” is narrowing. In order to preserve the exercise of religious freedoms by both organizations and people, FBOs must be vocal about who they are, what they do, and why religious-based hiring and religious exemptions are important to their continued success.

• Policymakers and regulators at this moment are seeking to better protect LGBT persons in employment and other areas. Will they at the same time protect the religious hiring freedom FBOs need? FBOs need to speak up so that those making the laws and writing the regulations can understand what it takes to protect essential religious freedoms.
• FBOs can play a leadership role by speaking up for rules that protect religious freedom while also protecting LGBT persons from unjust treatment.
• Advocacy is essential and not illegal.
• Be involved in the legislative process locally and at the state and federal level, as possible. New laws might affect you, and informing lawmakers of how these proposed laws will support or restrict your organization’s work in the community will be helpful in their decision making process.

Practice: What can your FBO do to protect itself from employment discrimination claims and from public controversy about hiring based on religion? Each organization must decide for itself the extent to which its practices and services should be shaped by its core religious commitments. However, it is easier for the outside world (including courts and the public) to acknowledge it as an organization with religious rights if its religious beliefs are evident in the way it appears, operates, and serves. To establish itself publicly as an evidently religious entity, your organization should take the appropriate steps to shape its standards and services by faith.

• An FBO’s faith-based mission should shape the entire organization, being apparent in its foundational documents (a religion-based mission statement, possibly a statement of faith and a faith-shaped code of employee conduct, etc.), its employee recruitment and selection process, and its everyday organizational environment.

Because of its religious commitment, your organization has a high calling to exemplify excellence and to provide an example to the individuals you serve, the employees on your staff, and the community in which you operate. Your religious faith should inform every aspect of the organization. And then, when the organization operates consistently with its faith-based mission, it will show itself to the public as a religious organization—which is what it needs to do also for legal reasons.

Proactively avoid issues, both legal and reputational, by operating an employee selection, review, and termination process that is at every step clearly informed by your organization’s faith convictions. Particularly important is to be clear about how you expect the public and private conduct of your employees to reflect your organization’s beliefs.

As a faith-based organization, you have the freedom to consider religious factors when choosing who to hire, what kind of criteria to consider for any position, what you expect out of your employees and applicants, and how to make staffing decisions.

Your organization should have foundational statements that explain its faith convictions and ground them in sacred texts, denominational documents, etc. By living out your mission of faith in the workplace, you can embody a faith-centered organizational culture while also establishing yourself legally as a religious institution. Preempt issues by being transparent about what you believe, why you believe it, which members of your staff you expect to align with your beliefs, and how you want them to live out their religious convictions. Regularly follow through with your staff to make sure that they still agree and are aligning their lives with your organization’s policies.

One of the potentially most controversial aspects of faith-centered staffing stems from standards of sexual conduct. If your FBO has a clear policy regarding certain behaviors or lifestyles that are mission-focused, then explain why these behaviors align with (or are required by) your organization’s central religious principles. If certain behaviors or lifestyles would be seen as undermining the faith-based mission of the organization, then clearly and explicitly explain why such behavior or actions do not align with the core tenets of the faith that influences your organization. In addition, discuss how your faith calls you to treat everyone with dignity and respect, even if they do not live a lifestyle that you deem appropriate, as well as how you are called to show mercy and compassion.

Public Perception: In your communications, connect your organization’s religious identity to its positive outcomes.

• Explain your contributions to the good of the community. Communicate in a way that makes your contributions tangible.
  • How many meals do you provide a year? How many abuse survivors have started new lives thanks to your care? How many children have been adopted into a loving home founded on solid moral principles?
• Communications focusing on measuring the quality of your services and the impact of mission-based contributions are also crucial.
  • In their book, Mission Drift, Peter Greer and Chris Horst emphasize that growth numbers aren’t the only ones that matter:

“Communications about your organization’s positive contributions to your service’s recipients, community, or sector should, in addition to reflecting quantitative measures, also demonstrate the qualitative, spiritual aspects of your faith-centered mission.”

• Do your communications make clear how your organization’s positive outcomes align with its faith-based mission?
• Develop messaging that explains the connection between your organization’s successful results and its faith commitments. Cite sacred texts or religious doctrine to explain why you do what you do.

As a faith-based organization that has chosen to make staffing decisions based on religious criteria, you will likely face confusion and criticism from the public and your clientele, and potentially even be asked some questions by your donors or stakeholders. Communicating why you select your staff based on religious criteria is important, as are discussions about how this impacts the services offered by your organization and what effects it will have on the community and your recipient base. Be transparent and concise, and don’t avoid talking about sensitive issues. Instead, show how policies that may be controversial to some are grounded in your organization’s religious convictions and history.

Additional Resources:

Christian Legal Society and IRFA: Faith-Based Organizations Guidance for Same-Sex Issues, white paper and webinar.

Stephen Monsma and Stanley Carlson-Thies, Free to Serve: Protecting the Religious Freedom of Faith-Based Organizations (Brazos Press, 2015), Ch. 10: “How Faith-Based Organizations Can Protect Their Religious Freedom.” Browse the book’s website.

Eric Kniffin, Protecting Your Right to Serve (Institute for Family, Community, and Opportunity at the Heritage Foundation).

Alliance Defending Freedom, Protecting Your Ministry.

Liberty Institute, Religious Liberty Protection Kit for Ministries.

Cardinal Newman Society, Faith and Morals Language in Catholic School Teacher Employment Documents, a June, 2015, “Best Practices Brief.”