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Nonprofit Law/Hiring practices of a non-profit


Can a 501c3 charitable non-profit led by Christians require future employees to abide the beliefs listed out in the by-laws?  i.e. As such the officers, directors, committee members, and employees of, and the persons served by this corporation, shall be selected entirely on and compatible with xxxxxx’s doctrinal beliefs.  Those beliefs listed in a Faith Statement of "

  xxxxxxx is an organization that follows the teachings of the Bible, believe in the Father, Son and Holy Spirit and that Jesus is our one and only personal Savior.  These truths form the foundation of xxxxxx.  They are reflected and glorified in all of our affairs."

Thank you for time.

The employer may be covered under an exception to the Civil Rights Act of 1964 which prohibited religious discrimination in employment.
42 U.S.C. 2000e-1(a):

"This subchapter shall not apply to an employer with respect
a religious corporation, association, educational institution, or
society with respect to the employment of individuals of a
particular religion to perform work connected with the carrying
on by such corporation, association, educational institution, or
society of its activities."

I have in my profile that this free forum is only for general questions relating to IRS federal exemption issues of 501(c)(3) organizations.  As I wrote in my profile, I do not check the particular law of the States but your state may have more protection for the potential employees and employees.

Harvey Mechanic, Attorney at Law -

P.S. This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.  

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Harvey Mechanic


DO NOT GIVE ME INFORMATION THAT YOU WANT KEPT CONFIDENTIAL. I am an attorney and I volunteer time to answer general questions about U.S. Federal income tax issues of nonprofit 501(c)(3) public charities only. Those questions could be about establishing and maintaining legal requirements for such non-profit organizations in the United States, including Internal Revenue service filings and requirements. I will not be working on this free forum to answer questions about Nonprofit's possible unrelated or for-profit businesses or how to fill out forms. This forum is only for general questions about federal tax law, not as the law applies to your specific situation. If you do not make your question public then I will not be spending much of my donated time on answers that would not benefit the public. If you have other questions, please contact me at I will reply from my email. In any case, do not reveal confidential information to me until after I have contracted with you to provide personal legal services. My responses on this forum are intended to be general statements of law, should not be relied upon as legal advice, and do not create an attorney/client relationship. For me to consider your individual situation and how the law applies, I would need to gather extensive information about the situation. To search my previous answers you can do a Google search by "" without the quotes and then add your search terms before hitting enter.


I have been practicing law and especially the law of nonprofit organizations since 1990 when I was admitted to the New York Bar and I have maintained my status with the Bar since that time.


B.S. Columbia University in New York City, 1970

J.D. (Law Degree) Brooklyn Law School, 1990 -- Cum Laude.

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