Article Archives >> To the Point
May a nonprofit 501(c)(4) community organization refuse to admit a member because “you don’t fit in”? The bylaws say that membership “is open to all singers, musicians, entertainers….”
Ordinarily, a nonprofit membership corporation may select its own members and may refuse to admit someone whom the selection committee feels would not fit in. Our model bylaws for membership nonprofits includes a specific statement that membership may be denied for any reason deemed sufficient to the Directors. (See Ready Reference Page: “Bylaws Function as ‘Constitution’ of Nonprofit Corporations.”)
If the organization is so large and open that it is categorized as a “public accommodation” under anti-discrimination laws, it may not be able to discriminate against members of a protected class, and “you don’t fit in” may be considered code for such discrimination. But if it is a decision legitimately based on personality alone, it may not be discriminatory and not illegal.
7/1/2009
Article Archives >> To the Point
An Introduction to the Nonprofit Sector: A Practical Approach for the 21st Century
By Gary M. Grobman |
Have a question?
If you can't find your answer, submit a question and Don will pick one question a week to answer online and to include in our weekly e-mail notice.
Other ways to
find answers:
Talk to the Editor
Next Conference Call:
Tuesday, November 10, 2009
Participate
in this bi-monthly telephone seminar conference call and ask your questions directly to Editor
Don Kramer.
Access the entire site
($9.95/24 hours, $17.95/3 months).
Nonprofit Issues
Live
Full Day Program
A well-received full-day
program that covers the current hottest topics in nonprofit
law. Qualifies in Pennsylvania
for Continuing Education credits.
Speaking Engagements
Don is available for programs and speaking engagements ranging from
a one-hour presentation to a full-day primer on nonprofit law. Contact
us if you are interested in having him speak at your program.