Can You Sue a Nonprofit Organization for Discrimination?

Discrimination can happen anywhere, and sadly, nonprofit organizations are no exception. While nonprofits are often seen as advocates for social good, they are still subject to the same laws as any other business when it comes to preventing discrimination. So, if you’ve experienced discrimination while working for or interacting with a nonprofit, you might be wondering: Can you sue a nonprofit organization for discrimination?

In this article, we’ll take a closer look at discrimination in nonprofit organizations, what legal protections exist, and the steps you can take if you believe you’ve been discriminated against. We’ll break it down in a way that’s easy to understand, so you can be informed about your rights and know what to do if you need to take action.

Understanding Discrimination in Nonprofit Organizations

Discrimination occurs when someone is treated unfairly because of certain protected characteristics. These characteristics could include things like race, gender, age, disability, sexual orientation, religion, or national origin. Discrimination can happen in many areas, such as hiring practices, pay, job assignments, promotions, and how people are treated in the workplace.

When it comes to nonprofit organizations, many people assume that because these organizations are supposed to be “for the greater good,” they might not engage in discriminatory behavior. However, nonprofits are still bound by the same laws that apply to businesses and must ensure they are not discriminating against employees, volunteers, or those they serve.

Nonprofits are required by law to follow anti-discrimination policies, and if they don’t, they can face legal action. Whether you are an employee, a volunteer, or a service recipient, you have legal rights that protect you from discrimination.

Can You Sue a Nonprofit for Discrimination?

Yes, you can sue a nonprofit organization for discrimination, but there are some important things to understand about how these cases work.

The Legal Protections Against Discrimination

In the United States, federal law offers protection against discrimination under several key laws. Here are the main ones:

1. Title VII of the Civil Rights Act of 1964: This is one of the most important laws when it comes to workplace discrimination. Title VII makes it illegal for employers (including nonprofit organizations) to discriminate based on race, color, religion, sex, or national origin. It also prohibits retaliation against someone who complains about discrimination.
2. The Americans with Disabilities Act (ADA): This law protects individuals with disabilities from discrimination in the workplace, including nonprofit organizations. If a nonprofit fails to provide reasonable accommodations for a disability, they could be violating the ADA.
3. Age Discrimination in Employment Act (ADEA): This law protects workers who are 40 years of age or older from age-based discrimination. If you believe you’ve been treated unfairly due to your age, you can take legal action.
4. Equal Pay Act of 1963: This law mandates that men and women be paid equally for equal work. Nonprofits are required to adhere to these pay equity standards as well.
5. State and Local Laws: Many states and localities also have their own anti-discrimination laws that provide additional protections. These laws can sometimes be broader or more specific than federal protections.

Types of Discrimination You Might Encounter in Nonprofits

Discrimination can take many forms. Here are some common types of discrimination that could occur in nonprofit organizations:

Employment Discrimination

• Hiring Discrimination: If you’re not hired for a job with a nonprofit due to your race, gender, religion, or another protected characteristic, that could be a case of illegal discrimination.
• Promotion and Pay Discrimination: If you’re passed over for promotions or receive lower pay than others who are doing the same work simply because of your protected characteristic, you might have grounds for a lawsuit.

Harassment

Harassment happens when someone is made to feel uncomfortable or threatened in their workplace due to their race, gender, disability, or other protected characteristics. This could include unwanted comments, jokes, or actions that create a hostile work environment.

Wrongful Termination

If you are fired or laid off from a nonprofit for discriminatory reasons (such as your age, race, or disability), you may be able to sue for wrongful termination.

Discrimination in Services

Nonprofits don’t just face legal scrutiny for how they treat employees or volunteers. If you are a client or service recipient, a nonprofit can’t discriminate against you based on your race, religion, gender, or other protected characteristic. For example, if a nonprofit refuses to provide services to someone because of their sexual orientation, that could be a form of discrimination.

What Should You Do if You’ve Been Discriminated Against?

If you believe you’ve been discriminated against by a nonprofit, there are several steps you should take:

Document Everything

Start by keeping a detailed record of what happened. Note the date, time, and any individuals involved in the situation. Write down exactly what was said or done, and if there are any witnesses, make sure to note their names as well. This information will be important if you decide to take legal action.

Review the Nonprofit’s Policies

Nonprofits often have policies in place to prevent discrimination, including procedures for reporting complaints. Check the nonprofit’s employee handbook or any documents related to their anti-discrimination policies. It’s a good idea to follow their complaint process before pursuing a lawsuit.

Report the Discrimination Internally

If the nonprofit has an internal reporting procedure for discrimination (which most do), you should follow it. This could involve speaking to a supervisor, HR department, or someone in management. Reporting the issue internally gives the nonprofit a chance to address the situation and resolve it before legal action is necessary.

Seek Legal Advice

If the issue isn’t resolved internally, it may be time to seek legal advice. A lawyer who specializes in discrimination cases can help you understand your legal rights and options. They can assess your situation, help you gather evidence, and decide if a lawsuit is the best course of action.

File a Formal Complaint

Before suing a nonprofit, you typically must file a formal complaint with a government agency like the Equal Employment Opportunity Commission (EEOC) for workplace discrimination cases. This is often a required step before you can pursue a lawsuit. The EEOC investigates claims of discrimination and can take action on your behalf.

If you’re seeking compensation for discrimination outside of the workplace (for example, as a service recipient), you may need to file a complaint with a relevant state or federal agency.

Consider Alternative Dispute Resolution

Not all discrimination cases go to court. You may have the option to resolve the issue through mediation or arbitration. These are forms of alternative dispute resolution where a neutral third party helps you and the nonprofit come to an agreement without the need for a trial. While this can be a quicker and less costly option, it’s important to weigh whether it’s the best path for you with the help of your lawyer.

How Long Do You Have to Sue a Nonprofit for Discrimination?

The time you have to sue a nonprofit for discrimination varies depending on the type of discrimination and where you file your complaint. Typically, for federal cases, you must file a charge of discrimination with the EEOC within 180 days from the date of the discriminatory act. Some states allow you to extend this period to 300 days.

If you plan to file a lawsuit in court, your lawyer can help you understand the deadlines and ensure that you don’t miss any important time limits.

You Can Hold Nonprofits Accountable

Nonprofit organizations play a crucial role in society, but they are not above the law. If you’ve experienced discrimination in a nonprofit, it’s important to know that you have rights and can take legal action. Whether you’ve been discriminated against as an employee, volunteer, or service recipient, you have the ability to fight back and seek justice.

If you believe you’ve been the victim of discrimination, take the necessary steps to document the situation, report it internally, and consult with an attorney who specializes in discrimination cases. With the right legal support, you can hold the nonprofit accountable for its actions and work toward achieving a fair resolution. Remember, you deserve to be treated with dignity and respect, no matter where you work or receive services.