60 Human Resources Management for Public and Nonprofi t Organizations
controlled, or managed by a particular religion or by a particular
religious corporation, association, or society, or if the curriculum of
such school, college, university, or other educational institution of
learning is directed toward the propagation of a particular religion.In Corporation of the Bishop of the Church of Jesus Christ of Latter Day Saints v.
Amos (1987), the Supreme Court upheld the right of the Mormon Church
to terminate a building engineer who had worked at its nonprofi t gymna-
sium for sixteen years because he failed to maintain his qualifi cation for
church membership. The Court claimed that the decision to terminate
was based on religion by the religious organization and thus exempted
from the Title VII prohibition against religious discrimination. The Section
703(e)(2) exemption is broad and is not limited to the religious activities of
the institution.
Another change with an impact on how one manages religious diversity
is the introduction of faith - based initiatives. President George W. Bush
signed Executive Orders 13198 and 13199 in January 2001 and Executive
Orders 13279 and 13280 in December 2002 requiring executive branch
agencies to identify and remove internal bureaucratic barriers that have
impeded greater participation in federal programs by faith - based organi-
zations. The executive orders permit religious or faith - based organizations
to receive federal funds for use in providing social services. Under the
executive orders, these organizations have a right to use religious criteria
in the selection, termination, and discipline of employees. Faith - based
service providers are permitted to require applicants to be a member
of a particular denomination in hiring personnel, though they are still
prohibited from discriminating on the basis of race, gender, disability, or
national origin.Pregnancy Discrimination Act of 1978
The Pregnancy Discrimination Act prohibits employment practices
that discriminate on the basis of pregnancy, childbirth, or related medical
conditions. A woman is protected from being fi red or refused a job or pro-
motion because she is pregnant. She also cannot be forced to take a leave
of absence as long as she is able to work.
Under the law, employers are obligated to treat pregnancy like any
other disability. For example, if other employees on disability leave are
entitled to return to their jobs when they are able to work again, so should
women who have been unable to work due to pregnancy.