Not Legal, Not Advisable

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Matthew is planning to open a manufacturing facility. He is considering a “Christian-only” hiring policy whereby he would determine to hire only professing, evangelical Christians to work in the facility. He asks you for your advice on the following questions: 1. Would such a policy be legal? If so, under what terms and what might the restrictions be? 2. From a Great Commission perspective, would this policy be advisable? 3. How would your answers change, if at all, if they planned to open a Christian school rather than a manufacturing facility?

Not Legal, Not Advisable
There are few organizations that are allowed to consider the faith of employees when hiring. Manufacturing facilities is not one of them. Our Civil Rights Act prohibits discrimination of religion. As U.S. Equal Employment Opportunity Commission (n.d.) states, the Title VII of the Civil Rights Act of 1964 “prohibits employment discrimination based on race, color, religion, sex and national origin” (para. 1).

Organizations such as faith-based schools and some charitable organizations are not able to use government funding to assist in their activities if the result advances religion. Education Law Center (2010) states that the First Amendment to the U.S. Constitution “prohibits Congress and all levels of state and local government form enacting laws respecting an establishment of religion.” Public funds can only be used to support the non-religious services they provide.

Opening a manufacturing facility that discriminates against race is also not advisable from a Great Commission Perspective. Romans 2:11 states that “God shows no favoritism” (NIV). God has created the governing facilities for us to use as needed. Christians would not want others to discriminate against them. There also should not be laws that prohibited the teaching of religious beliefs, therefore I think allowing certain organizations and schools to teach their religion should continue to be allowed.

Education Law...
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