From the Hotline

By Teri Henning
Pennsylvania Newspaper Association

Q: Can a church or other religious institution include language such as “strong commitment to Christian values” in an employment ad?

A: It depends.  In the majority of cases, this type of language would be unlawful.  Certain religious entities (such as churches), however, are permitted to show a preference for a particular religion in an employment ad, but ONLY if the organization does not receive ANY government funding.  These entities are still prohibited from discriminating or showing a preference based on sex, race, age, disability, or any other protected class.

In any case, it remains our recommendation to remove any language from an ad that suggests a preference based on religion (or any other protected category).  This is a policy that is much easier to implement and follow.

If a newspaper intends to accept such an ad, we strongly recommend that you get something in writing from the advertiser, stating that the entity: 1) is a religious corporation or association; and 2) does not meet the definition of “employer” in the Pennsylvania Human Relations Act because it does not receive any government money. 

Please note that although some churches may qualify under this exemption (if they do not receive government funding), most, if not all, religious schools would not.  Religious schools typically receive public funding for books and may receive public funding for special education students.  Therefore, it is our opinion that most religious schools would not fall under this exemption and would be prohibited from advertising in this manner unless they obtain a “bona fide occupational qualification” or “BFOQ” from the Pennsylvania Human Relations Commission. 

Please note also that this exemption only applies to “religious corporations or associations” and would not apply to most employers (regardless of whether they receive government funding).   Finally, you should realize that some churches now receive government funding through the federal government’s “faith-based” initiatives.

By way of background, the Pennsylvania Human Relations Act prohibits, among other things, any employer, employment agency or labor organization from printing or publishing any advertisement indicating any preference or discrimination based upon “race, color, religious creed, ancestry, age, sex, national origin, non-job related handicap or disability, or the use of a guide or support animal....”  43 P.S. 955.

Under the Act’s definition of “employer”, certain religious entities are permitted to discriminate based on religion only, and only if they do not receive any government appropriations.  43 P.S. 954(b).

The Pennsylvania Human Relation Commission’s regulations state that a publisher will be liable for a discriminatory employment advertisement.  16 Pa.C. 41.72.  Under the same provision, it states that a newspaper publisher will not be liable for relying, in good faith, on an advertiser's claim that it does not meet the definition of employer.  In order to rely on this provision, you should get something in writing from the entity (and it must be signed by a person who is authorized to speak on behalf of that entity) that states that: 1) the entity is a religious corporation or association; and 2) it is not an "employer" as that term is defined under the Pennsylvania Human Relations Act, because it does not receive ANY government or public funding of any kind.

If a religious organization receives even a small amount of government money, it is not permitted to run any ad suggesting a preference based on a particular religion, unless it receives a bona fide occupational qualification ruling from the PHRC (which must be in writing).  Remember also, that the large majority of employers are not “religious corporations or associations” and may not discriminate against any protected class unless they receive a “BFOQ.”

Next week:  What is a BFOQ and how does an advertiser obtain one?

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