Q. "Can we discriminate against protected classes or characteristics?"

Answer:

Yes and no. In an employment setting, protected classes, also known as protected characteristics, include:

  • Race

  • Color

  • Religion

  • Age (over 40)

  • Sex (i.e., sexual orientation, gender identity, pregnancy)

  • Disability

  • National origin (i.e., ethnicity, accent)

  • Genetic information (including that of family members)

  • Military service (past, present, or future)

  • Citizenship or immigration status


Organizations cannot discriminate based on a person’s inclusion in any of these protected classes. Religious nonprofits, however, have a "ministerial exemption" that allows you to be more selective in hiring and promotion in some areas tied to your organization's beliefs.


Be sure to outline these specific religious beliefs in your organization's Statement of Faith. We recommend also including the full list of applicable protected characteristics in your Staff Handbook.

 

Wondering if your hiring practices are actually compliant?

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