Managing a Diverse Workforce 103
of America and Monmouth Council et al. v. James Dale , 2000). The Boy Scouts
argued successfully that as a private organization, it has the right to
determine criteria for membership. The Supreme Court heard this case
on appeal from the BSA in response to the New Jersey Supreme Court ’ s
decision against its position.
The New Jersey Supreme Court had held that the Boy Scouts of
America is a place of “ public accommodation ” that “ emphasizes open
membership ” and therefore must follow New Jersey ’ s antidiscrimination
law. The court further held that the state ’ s law did not infringe on the
group ’ s freedom of expressive association ( Dale v. Boy Scouts of America and
Monmouth Council Boy Scouts , 1998, 1999). It thus reasoned that the New
Jersey legislature, when it enacted the antidiscrimination law, declared
that discrimination is a matter of concern to the government and that
infringements on that right may be justifi ed by regulations adopted to
serve compelling state interests.
The New Jersey Supreme Court noted the BSA ’ s historic partner-
ship with various public entities and public service organizations. Local
BSA units are chartered by public schools, parent - teacher associations,
fi rehouses, local civic associations, and the U.S. Army, Navy, Air Force,
and National Guard. Its “Learning for Life” program has been installed
in many public school classrooms throughout the country, and many
troops meet in public facilities. The BSA in turn provides essential services
through its scouts to public and quasi - public organizations.
This close relationship thus underscores the BSA ’ s fundamental public
character. Nonprofi t administrators must stay current with changing and
sometimes contradictory community norms and legal requirements across
a diverse set of local communities and reconcile them with mandates
from the national or parent organization. This is especially true for sexual
orientation discrimination. When confronted with this form of discrimi-
nation, nonprofi t managers fi nd themselves in a complex legal environ-
ment. No federal legislation has been passed defi ning a national standard;
thus, they face a patchwork of state and local laws, executive orders, and
judicial and commission decisions barring such discrimination.
The organizations that have withdrawn their support from the Boy
Scouts have clearly stated that they cannot fund or support organizations
that have policies that confl ict with their own antidiscrimination poli-
cies. Despite the U.S. Supreme Court ’ s ruling supporting the Boy Scouts
of America ’ s exclusionary policy, the stand of the Boy Scouts ’ National
Council to refuse local councils in determining local policy has jeopar-
dized their funding and support from their local communities.