May a religious group that receives funds to administer a homeless shelter discriminate in hiring on the basis of religion or adherence to religious doctrines?
Yes. According to the White House, faith-based organizations that receive federal funds may discriminate in employment based on religion. Charitable-choice provisions found in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWOR) contain no prohibitions against religious discrimination in employment by religious service providers. Though the Civil Rights Act of 1964, otherwise known as Title VII, prohibits employment discrimination based on religion, it contains an exception for religious institutions. Writing for the Center for Public Justice, Carl Esbeck of the Christian Legal Society explained that such exemptions are necessary if faith-based organizations (FBOs) are to successfully participate in social service programs. According to Esbeck, “[p]rotecting the autonomy of FBOs was done to enable them to succeed at what they do so well, namely help the poor and needy, and to get FBOs to participate in government programs, something FBOs are far less like
