NYCLU Sues Salvation Army for Religious Discrimination Against Employees in Government-Funded Social Services for Children
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NEW YORK — The New York Civil Liberties Union today filed a lawsuit in federal court charging The Salvation Army with religious discrimination against employees in its government-funded social services in New York City and on Long Island.
“This case is not about the right of the Salvation Army to practice or promote its religion. They have every right to do so, but not with government money,” said Donna Lieberman, Executive Director of the NYCLU. “The Salvation Army cannot use taxpayer money to practice religious discrimination against its social services employees.”
The Salvation Army provides social services for more than 2,000 children each day who are placed with the charity by the government. The programs are funded almost exclusively by taxpayer money. The agency receives $89 million in taxpayer funds for social services and employs about 800 people.
The case arose after The Salvation Army began to require all employees in its Social Services for Children division to fill out a form on which they: a) identify their church affiliation and all other churches attended for the past decade, b) authorize their religious leaders to reveal private communications to the Salvation Army; and c) pledge to adhere to the religious mission of The Salvation Army which, according to The Salvation Army, is to “preach the Gospel of Jesus Christ.”
Moreover, new job descriptions for every social services employee now require compliance with the Salvation Army’s religious mission statement. Previously, the social services unit had its own mission statement which was completely secular.
The lawsuit asks the federal court to order the 136-year-old charity to stop these practices and to rule that the government funding of the Salvation Army’s faith-based discrimination against its social services employees in foster care, adoption, HIV, juvenile detention and other social services is illegal. Agencies for New York State, New York City and Nassau County and Suffolk County are named also as co-defendants.
The NYCLU lawsuit was filed on behalf of 18 current and former Salvation Army employees of varying religious and non-religious backgrounds. They include many of the most respected senior managers in the agency.
Anne Lown is the current Associate Executive Director of Social Services for Children of the Salvation Army and has received five promotions in the 24 years she has worked for the charity. “I do not think my religious beliefs nor the religious beliefs of the 800 employees in Social Services for Children are any business of the Salvation Army,” Lown said.
Added Mary Jane Dessables, the Management Information Systems Director for the Salvation Army who has worked for the charity for 12 years: “Although I am not a Salvationist, I have sung for their Devotionals and attended their Good Friday services. I participated because I wanted to, not because it was required or requested of me.”
Margaret Geissman, the former Human Resources Manager for Social Services for Children with the Salvation Army, said she left the charity rather than provide personal information about employees. “When I refused to answer questions that I felt were clearly illegal and violated my employees’ privacy, I was harassed to the point where eventually I resigned. As a Christian, I deeply resent the use of discriminatory employment practices in the name of Christianity.”
The new policy was initiated as part of a Reorganization Plan last year by the national leaders of the charity “to narrow the gap” between the ecclesiastical Salvation Army and the social services component. The goal of the Reorganization Plan was to ensure that “as a Christian agency ? a reasonable number of Salvationists along with other Christians [will be employed by The Salvation Army.]”
NYCLU Legal Director Arthur Eisenberg noted that The Salvation Army’s new employment practices “have injected religion into the workplace in ways that violate the anti-discrimination principles of the Fourteenth Amendment.”
Martin Garbus, whose law firm Davis and Gilbert is co-counsel with the NYCLU, cited President Bush’s Faith-Based Initiative as the catalyst for the current situation and called it “the greatest transfer of wealth from governmental bodies to evangelical churches. Federal, state and local services are being used to spread the evangelical message.”
In addition to Eisenberg, Lieberman and Garbus, the plaintiffs are also represented by NYCLU staff attorney Beth Haroules; NYCLU co-counsel Deborah Karpatkin; and Howard Rubin and Gregg Brochin from the Davis and Gilbert law firm.
The NYCLU is the New York affiliate of the American Civil Liberties Union.
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