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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12404
Experience:  JD, MBA
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Is it legal not to require that a board has

Customer Question

Is it legal for a not for profit to require that a board has a requirement that a majority percentage of members be from a certain heritage. For example, the not for profit requires that 60 percent of its members are of German Heritage
Submitted: 2 years ago.
Category: Legal
Expert:  TJ, Esq. replied 2 years ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions. So long as the not-for-profit doesn't take government funding, then it is lawful for it to have the heritage requirements that you suggest.Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.
Customer: replied 2 years ago.
Please explain the ramifications and exposure
of a not for profit that DOES take government funding and has heritage requirements as I had suggested. I would like to understand where to further reserach the law on this.
Expert:  TJ, Esq. replied 2 years ago.
Hi again. If the company takes public money and is discriminatory, then it can be sued for civil rights violations by the government or by private individuals who are victimized by the discrimination. The result could be monetary damages as well as a court order requiring that heritage no longer be used as a determining factor when filling the board. Examples of well-known nonprofits that can be exclusive are churches and private golf clubs. As for where to research the law further, I suggest that you visit your local law library (probably located in your local courthouse). The law library will likely have a few treatises that review this topic. I hope that helps. Please let me know if you need further clarification, and please remember to provide positive feedback. Thank you.
Customer: replied 2 years ago.
When you say "public money" could this also qualify as public donations?
Can you name any not for profit with heritage or other discriminatory requirements (not a church or private club) that have been sued and lost the ability to keep a heritage requirement? This is what I am looking for regarding research.
Expert:  TJ, Esq. replied 2 years ago.
Hi again. No, public donations are not public money. When I used the term "public money," I was referring to government subsidies. Please note this does not include tax breaks. Unfortunately, I do not know of a not-for-profit with such restrictions that also accepts public funds and has been sued (successfully or not). That would likely be quite rare. I have heard of such a case with regard to a church, but that's about it.