Can Churches Discriminate in Their Hiring Practices?
For decades, our society has accepted the premise that discrimination is wrong. However, we need to qualify this. In general, religious organizations like churches cannot discriminate in the workplace based on an individual’s religion, race, gender, or national origin. However, there are exceptions, such as when hiring for positions that require a shared religious belief or when it comes to specific ministerial roles.
Discrimination By Churches in the Employment Context
So, within the employment context, Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment based on religion, race, color, sex, or national origin. This means churches cannot discriminate in hiring, firing, pay, job assignments, or any other aspect of employment based on these protected characteristics.
But, most importantly, there are exceptions. Under the Ministerial Exception, religious organizations can prioritize hiring individuals of the same faith for ministerial positions, such as preachers or youth leaders, as long as it’s essential to their religious mission. More specifically, we call this a “Bona Fide Occupational Qualification (BFOQ).” Hence, if a particular religious belief or practice is essential to the job, it can be used as a basis for discrimination.
Therefore, a Baptist church could and will likely discriminate, in the employment context, against various individuals who do not align with their Statement of Faith when seeking to hire a new pastor. The Baptist church does not have to hire a Catholic priest or a Jewish Rabbi – they can discriminate and choose to only hire one that attests to their specific faith and beliefs. In the same vein, any reasonable person would agree that a synagogue should not be forced to hire an evangelical Christian. This right to “discriminate” is grounded in our freedom of religion within our country.
You have to be careful though as this does not necessarily apply to non-religious roles. Religious organizations cannot discriminate based on religion, race, gender, or other protected characteristics for non-religious roles, such as administrative or custodial positions.
Expanding Beyond the Employment Context
In church matters, for example, in matter of church discipline, churches can “discriminate” in how they apply their internal rules to addressing sin, behavioral issues, etc. However, they must be fair in their application. For example, if a female is excommunicated from the church and asked to leave over the discovery of unfaithfulness in her marriage, the church must also apply this standard equally to men discovered in an affair too. They can discriminate on the basis of their religious beliefs, but it must be applied evenly.
In providing guidance for churches on how to express and uphold their religious beliefs in respectful and legally appropriate ways, while fostering dialogue or maintaining the integrity of their teachings, whether it’s a policy, sermon being delivered, an addressing of community standards, or something else—please consider the following:
A pastor and church may stay true to their statement of faith and core beliefs while addressing differing views in a respectful, clear, and legally appropriate manner. A pastor is called to faithful teaching and engagement with their culture while doing so with conviction and purpose, but also with grace, clarity, and compassion. A Pastor the Gospel must uphold biblical truth while navigating the realities of a diverse and pluralistic society.
Consider the following framework:
Preach the Gospel Boldly: Ground every sermon in Scripture. Let the Bible shape the message, not current trends or personal opinions. Hence, do not shy away from teaching on controversial issues when they arise in the text or in your community, but approach the issue with theological depth, humility, and a pastoral heart. Furthermore, reinforce the central message of grace, redemption, and transformation through Christ.
Speak the Truth in Love: A pastor must be direct and honest about the church’s stance on moral, political, or cultural issues when relevant—but avoid inflammatory or mocking language. A church must remember that people may be hearing a difficult truth for the first time; therefore, tone matters. We recommend using
“we” language to avoid creating an “us vs. them” mentality. We are all sinner and in need of grace.
Address Cultural and Political Issues Carefully: When a pastor engages political or lifestyle topics, they should focus on the biblical principles rather than partisan politics. Never use a political talking point and avoid endorsing candidates or political parties from the pulpit. Instead, encourage biblical discernment in civic engagement. A pastor can and may want to raise the various political statements made on the issue that a congregation is familiar with. However, after raising a political talking point, critique it from a Biblical worldview authority over the matter. You should be clear about what Scripture says but allow space for congregants to wrestle and grow in their understanding.
Always Maintain Doctrinal Integrity: Sermons should reflect the doctrinal statement faith of the church and be aligned with the church’s confessions and traditions. You can mention alternative worldviews or interpretations for the sake of contrast or clarity, but they should be addressed respectfully and fairly. If a view directly contradicts core Christian teachings, explain why from Scripture and not just personal opinion.
Create Space for Pastoral Follow-Up: You should anticipate that sermons may raise questions or emotions with your congregation and so you should pro-actively encourage members to reach out to you and your team for conversation, prayer, or clarification. Consider hosting follow-up discussions or classes when sermons touch on particularly sensitive or complex issues. Many of our clients have launched podcasts to provide a space to talk further about these types of issues that require more thoughtful consideration, discussion, and exploration.
Model Christlike Character: Every sermon is an opportunity to reflect the character of Jesus where it is full of truth and full of grace. Avoid sarcasm, ridicule, or condemnation. Let the Word of God alive and allow the Holy Spirit to do His work in the transformation of your congregant.