Tuesday, February 21, 2012

Why can Adventist Health discriminate based on religion when it's not a church but a medical center?

They asked a few religious questions on the job applications that you can't not answer (since it's online) that lead me to believe they discriminate against people of other religions. Can they discriminate based on religion because they're associated with a church?Why can Adventist Health discriminate based on religion when it's not a church but a medical center?
Religious discrimination in employment is prohibited by Title VII of the Civil Rights Act of 1964. There are some exceptions. A church, for example, can insist on hiring a pastor who shares their religion. There is some question, however, whether or not charitable religious organizations can do so. Can, for example, Lutheran Social Services insist that its director be Lutheran?



The quotation below is from one Court opinion:



“[A]n entity is eligible for the section 2000e-1 exemption, at least, if it is organized for a religious purpose, is engaged primarily in carrying out that religious purpose, holds itself out to the public as an entity for carrying out that religious purpose, and does not engage primarily or substantially in the exchange of goods or services for money beyond nominal amounts.”



A Church-related hospital probably cannot discriminate based on religion for most positions. It is unclear, however, that Adventest Health is discriminating merely by asking religious questions. You might want to answer the questions truthfully and see whether or not you are hired. Of course, if you are not hired, you still could not be sure that their decision was the result of religious discrimination.
Because they are associated with a church. Religions are allowed to promote their religious beliefs, and that includes only hiring people who agree with those beliefs. The basic idea is that other religions can create competing organizations if they so desire. And, since the money is coming from the church, they do not have to spend it on things that they oppose.Why can Adventist Health discriminate based on religion when it's not a church but a medical center?
Yes, religious based health facilities are allowed to ask religious questions on their application.

Look at the online applications for different faith based hospitals and you will find similar questions.

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