employment discrimination religion north-carolina
Can an employer require employees be Christian?
<p>One of the "essential duties and requirements" for <a href="https://stackoverflow.com/jobs/118768/">this job posting on Stack Overflow</a> is:</p>

<blockquote>
  <p>Maintains a personal, active relationship with Jesus Christ and is a consistent witness for Jesus Christ</p>
</blockquote>

<p>Given that the job is with a <a href="https://billygraham.org/" rel="nofollow noreferrer">Christian evangelical organization</a>, this <em>seems</em> like a reasonable requirement: after all, it's in their interest to hire subject matter experts.</p>

<p>But under what circumstances is that requirement legal or illegal in the United States, and specifically North Carolina?</p>

<p>There are <a href="https://www.eeoc.gov/policy/docs/qanda_religion.html" rel="noreferrer">exceptions to the Title VII prohibition</a>, which "does not apply to <a href="https://www.eeoc.gov/policy/docs/threshold.html#2-III-B-4-b-i" rel="noreferrer">discrimination by a religious organization</a> on the basis of religion in hiring and discharge. The exemption applies to an organization whose 'purpose and character are primarily religious.'" In all other respects, a religious organization is bound by the law that everyone else must follow. The EEOC defines <a href="https://www.eeoc.gov/policy/docs/threshold.html#2-II-A-1-c" rel="noreferrer">"religion"</a> as "includ[ing] moral or ethical beliefs as to right and wrong that are sincerely held with the strength of traditional religious views", but that does not seem to encompass metaphysical beliefs (e.g. about reincarnation, who created the universe...). They also state that "Religious discrimination also includes discrimination against someone because s/he is an atheist". The wording there is of some significance, since it does not say that an atheist organization is a "religious organization" which would be entitled to discriminate in favor of atheists in hiring practices. The statutory <a href="https://www.law.cornell.edu/uscode/text/42/2000e" rel="noreferrer">definitions section of the law</a> tells us that "religion"</p>

<blockquote>
  <p>includes all aspects of religious observance and practice, as well as
  belief, unless an employer demonstrates that he is unable to
  reasonably accommodate to an employee’s or prospective employee’s
  religious observance or practice without undue hardship on the conduct
  of the employer’s business</p>
</blockquote>

<p>which doesn't actually support the commission's decision to extend coverage to atheist employees. That interpretation comes from post-statutory case law, such as <a href="https://casetext.com/case/shapolia-v-los-alamos-nat-laboratory-2" rel="noreferrer">Shapolia v. Los Alamos Nat'l Lab., 773 F. Supp. 304, 305</a>.</p>

<p>What is unclear is what a "religious organization" is. The exemption comes from <a href="https://www.law.cornell.edu/uscode/text/42/2000e%E2%80%931" rel="noreferrer">42 USC 2000e–1(a)</a>:</p>

<blockquote>
  <p>This subchapter shall not apply to an employer with respect to the
  employment of aliens outside any State, or to a religious corporation,
  association, educational institution, or society with respect to the
  employment of individuals of a particular religion to perform work
  connected with the carrying on by such corporation, association,
  educational institution, or society of its activities</p>
</blockquote>

<p>but the definitions do not clearly state that an organization dedicates to denying religious beliefs is legally subsumed under the exemption. Billy Graham would be, dunno about an atheist organization.</p>

<p>Short answer: Yes they can. They can even go so far as requiring you to be a Baptist/Protestant/Methodist. <br><br>Title VII prohibits many kinds of discrimination by employers, however religious organizations have an exemption to the religion part of Title VII. They can legally discriminate against people with other religious beliefs, even so far as allowing a Baptist church to require it's employees be Baptist (not just Christian). They can even ask narrow questions about a specific teaching and can discriminate based on your answers to those questions. They can also terminate an employee if their religious beliefs change while they are employed. <a href="https://www.workplacefairness.org/religious-discrimination#15" rel="nofollow">This page</a> has some good info. Not sure about North Carolina specifically, IANAL but I think these rules and this exemption are at the federal level.</p>
