Article What You Need to Know About Church Recruitment Before Conducting Your Next Interview
When filling a position at your church, you want to find a skilled individual who shares your biblical beliefs. But what can you ask about a candidate’s personal beliefs? As a church, do you have a right to give preference based on beliefs, or is that considered discrimination? Church recruitment is different from the secular world, and it’s critical to understand your rights and limitations.
Title VII of the Civil Rights Act defines unlawful employment practices, including discrimination based on race, color, religion, sex or national origin.1 If religion cannot be a basis for employment, how can a church recruit a candidate with shared religious beliefs? Title VII provides an exemption for religious employment.
The U.S. Equal Employment Opportunity Commission (EEOC) states that Title VII “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.”1
However, being designated as a “religious organization” can be complex, so it is important to consult competent legal advice about qualifying for the exemption. Do not assume that you qualify simply because you are a ministry.
Can a church discriminate in hiring? Churches that qualify as religious organizations can give employment preference to those with shared beliefs. The EEOC states that “an employer whose purpose and character is primarily religious is permitted to lean towards hiring persons of the same religion.”2
To help protect your employment practices, it’s essential to communicate your beliefs and stay current on legislation. Five ways to help shield your ministry include:
A minister is responsible for leading and growing a ministry based on religious beliefs. In this leadership position, their responsibility and impact are different from other church employees such as administrative assistants, event planners or janitorial staff.
Churches can implement stricter requirements and ask more questions when hiring a pastor. This is because of what’s known as the ministerial exception, which allows religious organizations to make employment decisions without government interference.4
While there is no rigid formula to determine whether an employee qualifies as a minister, it’s important to reflect the religious nature of the position in the following:
As part of their employment, ministers can be required to perform their duties and live their personal lives in agreement with the church’s theological beliefs.4
Seek legal counsel to determine how to apply the ministerial exception for your church. You can also find guidelines for ministers in Publication 517 from the IRS.
How can you keep up with employment laws and news? Here are a few resources that may be helpful:
As an advocate for your ministry, GuideStone® walks alongside you to reduce risks, including church recruitment, religious freedom, data security, property protection and more. We’re here for you in every season of ministry as you advance the Kingdom of God. For more information, contact us at PCSalesSupport@GuideStone.org or (214) 720-2868, Monday through Thursday, from 7 a.m. to 4:30 p.m. CT and Friday, from 7 a.m. to 4 p.m. CT.
This article is for informational purposes only. Nothing in this article is intended to be construed as legal advice. Readers should use this article as a tool, consult with legal counsel and use best judgment to determine appropriate policies and procedures for your church’s risk management program.
1EEOC.gov/statutes/title-vii-civil-rights-act-1964
2EEOC.gov/pre-employment-inquiries-and-religious-affiliation-or-beliefs
3ChurchLawAndTax.com/Human-Resources/Employment/Title-VII-and-Church-Employment-Practices