Appeals Against a Ban on Religious Staffing

Faith-based organizations receiving government funds may have recourse against a federal, state, or local prohibition on using religious criteria when making employment decisions. 

If the prohibition is state or local and the funds are covered by Charitable Choice, the faith-based organization may point out that their Charitable Choice freedom to staff on religious basis preempts the state or local restriction. If the federal funds are not governed by Charitable Choice, the faith-based organization may point to the intent of the federal Equal Treatment rules to protect the organization’s governance and religious character. They may also appeal to their constitutional Free Exercise rights.

If the prohibition is contained in the federal statute governing the federal funds, then the faith-based organization, if it regards the prohibition as imposing a substantial burden on its religious freedom, may turn to the Religious Freedom Restoration Act for protection. The procedure for doing so is detailed in federal regulations. If the federal funds are being administered by a state or local government, the appeal will be made through state or local officials. For details, see Limits on the Religious Staffing Freedom at the State and Local Level.