QUESTION

Can a religious institution discriminate based upon religion when hiring?

Asked on Dec 28th, 2012 on Employment Contracts - Iowa
More details to this question:
I am working on writing a personnel handbook and when it comes to discrimination I agree with the exception of the religion clause. It would not make sense for a Baptist church to hire a pastor or teacher that is Muslim. So I am needing to find out if IOWA state allows for a religious exemption. Can we state in our policy "religious organizations generally may discriminate on the basis of religion?"
Report Abuse

1 ANSWER

Appellate Practice Attorney serving New York, NY
This is not a simple question that can be answered in a short email, especially since the law on this issue may still be evolving.  You should consult an Iowa attorney who specializes in employment law.  Frankly, I don't think it is wise for a layman to try to draft an employment manual without consulting an attorney. That being said, the answer may depend on what the person is hired for, and how big the enterprise is.  Obviously, the church, if it is recognized as a legitimate religious institution, can discriminate on the basis of religion when hiring clergy, but it may be a more difficult issue if the church also operates non-religious affiliates, such as a gift shop or second hand clothing store, and then it may depend on whether these organizations are separate entities, and whether they qualify for not for profit status. 
Answered on Dec 31st, 2012 at 10:18 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters