Practice Management Member Conversations

I recently found an employment posting for a registered architect. It had the usual professional requirements like years of experience, license, NCARB etc. but it also said "Must be an active member of a Southern Baptist church". The listing was for a religious organization that has an architecture department. Can they discriminate like this? I am not looking to cause trouble here, just curious.

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Thomas Streicher AIA
Thomas Streicher, Architect
Monroe NY
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The AIA needs to weigh-in on this question, very important!
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Steven Gottesman AIA
Senior Architect
URS Corporation
Sacramento CA
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Setting aside the question of whether the ad's qualifier is legal or not, this is a very poor way of assuring that the best possible people apply for a position.  

On the one hand, under Federal law religion is among the things that you cannot ask about in a job interview. Others include race, sex, national origin, age, disability, and so on.  

However, there are exceptions if the job involves activities that have to something to do with "spreading the faith." You can read the following and ponder whether or not being an architect who designs houses of worship for a particular faith fulfills that exception.

I got the following information from a quick web search. If you want to take a look at the whole thing, it is here: http://ask.metafilter.com/60019/Legality-of-Churchbased-employment

"Under federal law, there is a limited exemption for religious employers who wish to discriminate on the basis of religion if the job is "connected with" the carrying on of religious activities. 

Title VII does not apply to a religious corporation, association, educational institution or society with respect to employment of individuals of a particular religion to perform work connected with the carrying on of its activities. 42 U.S.C. § 2000e-1 ("This subchapter shall not apply ... to 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."). 

The religious exemption applies not only to clergy but to lay employees whose primary duties consist of teaching, spreading the faith, church governance, supervision of religious order, or supervision or participation in religious ritual and worship. Miller v. Bay View United Methodist Church, 141 F. Supp. 2d 1174, 1181 (E.D. Wis. 2001) (quoting Rayburn v. Seventh-Day Adventists, 772 F.2d 1164, 1166 (4th Cir. 1985)). The applicability of the exemption focuses on the function of the employee, and applies if the position is important to the spiritual and pastoral mission of the religious institution. Miller, 141 F. Supp. 2d at 1182 (citing Rayburn, 772 F.2d at 1169).

Under California state law, there is an even broader exemption. Under Cal. Gov. Code § 12926.2(f), a nonprofit public benefit corporation formed by or affiliated with a particular religion and operating an educational institution as its sole or primary activity may restrict employment, including promotion, in any or all employment categories to individuals of a particular religion. However, the employer is subject to the FEHA in all other respects, including, but not limited to, prohibitions against discrimination that are unlawful employment practices under the FEHA."


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Charles Linn, FAIA
New York, N.Y.
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It would seem appropriate to restrict employment only if the position really required it. For instance, a church or denomination hiring a pastor would not be required to give equal opportunity to a person who held to another faith. If the posting you referred to  is a denominational position, they would be given license to restrict hiring to their denominational family for a position that required interfacing with pastors and other leaders in a way that and contributes to the theology and philosophy of the church.

"While Title VII's jurisdictional rules apply to all religious discrimination claims under the statute, see EEOC Compliance Manual, "Threshold Issues," http://www.eeoc.gov/policy/docs/threshold.html, specially-defined "religious organizations" and "religious educational institutions" are exempt from certain religious discrimination provisions, and a "ministerial exception" bars Title VII claims by employees who serve in clergy roles. Religious Organization Exception: Under Title VII, religious organizations are permitted to give employment preference to members of their own religion." (from EEOC site: http://www.eeoc.gov/policy/docs/qanda_religion.html)

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Gary Nicholson AIA
Nashville TN
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The questions and comments regarding hiring discrimination were forwarded to our legal counsel.  I will post their response to the site as soon as I receive it.

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Susan Parrish
Manager, Knowledge Communities
The American Institute of Architects
Washington DC
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