Letter: NYCLU Enquires About Salvation Army's Employment Practices

November 13, 2003

November 13, 2003

Major Henrietta Klemanski
Secretary for Personnel
The Salvation Army, USA Eastern Territory
Greater New York Divisional Headquarters

Major George Polarek
Divisional Secretary for Social Services
The Salvation Army
Greater New York Divisional Headquarters

Re: Employment Practices of The Salvation Army

Dear Majors Polarek and Klemanski:

It has come to our attention that The Salvation Army, Greater New York Division, has recently instituted a series of changes in The Salvation Army’s Human Resources Guidelines and Practices. We are greatly concerned that these new practices will serve as a vehicle for religious discrimination in the employment practices of the Social Services division of The Salvation Army. We are specifically concerned that recently developed job descriptions as well as job application forms can be read as requiring employees who engage in the provision of social services to “preach the Gospel of Jesus Christ” and to thereby profess their belief in Christianity. We are also concerned that questions about one’s religious practices on job application forms will be misused as vehicles for religious discrimination.

We recognize that individuals and organizations motivated by diverse religious faiths play an important role in this City, and elsewhere, in serving others in need, and we respect the right of each religious denomination and organization to pursue its religious mission in this fashion. However, the Social Services for Children division of The Salvation Army, as well as the Social Services for Families and Adults division, are active partners with New York City and New York State in the provision of child welfare and other social services. The Social Services for Children division, for example, administers approximately $50 million of funding under its contracts with New York City and New York State. Accordingly, when The Salvation Army provides child welfare and other social services in partnership with New York City and New York State and does so with State and City funding, it is obligated to adhere to non-discrimination principles and may not apply religious tests in the provision of such services or in the hiring of secular employees to provide the funded child welfare and other social services.

We understand that job descriptions for all employees and applicants for employment within the Social Services divisions currently describe, or will soon describe, as a qualification for employment an agreement “to support the Mission of the Salvation Army.” The Mission Statement of the Salvation Army, which has begun to appear on job postings and in job descriptions, reads, in part, as follows: “The Salvation Army[‘s] ... mission is to preach the gospel of Jesus Christ and to meet human needs in His name without discrimination.” The job description for employees within the Social Services divisions also describes as a qualification a willingness to “work in a Christian environment.”

We have also been advised that, effective October 1, 2003, all existing Salvation Army employees, and all new employees/applicants for Salvation Army employment, for any position involving the supervision or custody of children or for any position in any involved with children must fill out a “Statement of Applicant for Employment Involving Work with Children,” also referred to as a “Work with Minor’s Form.” The “Work with Minor’s Form” requires that an employee or applicant for employment identify, among other things, “Present Church, Minister of Church, Other Churches attended regularly during the past ten years.” We also understand that the employee or applicant for employment must sign a statement that includes the following representations that:

“7. I am aware that The Salvation Army is a branch of the Christian Church and I agree that I will conduct myself in my work with children in a way that is consistent with the religious and charitable policies and principles of The Salvation Army.”

We further understand that if an applicant for employment refuses to fill out the “Work with Minors’ Form,” or sign the accompanying statement, that applicant will not be employed.

In light of the above, we have the following questions about The Salvation Army’s employment practices:

What does The Salvation Army plan to do with the information it receives from its current employees and prospective employees concerning current, and past, church affiliations? What will happen if a current employee refuses, or objects, to providing such information? Does The Salvation Army require its employees to profess their belief in Jesus Christ?

We are very much interested in hearing your responses to our questions. We available to meet with you to discuss these matters and will be calling Major Polarek to arrange a meeting. We thank you for your consideration of this matter and look forward to hearing from you.

Very truly yours,

Donna Lieberman
Executive Director

Beth Haroules
Staff Attorney

Arthur Eisenberg
Legal Director

Cc:

Alan G. Hevesi, Comptroller, State of New York Thomas A. Maul, Commissioner, New York State of Mental Retardation and Developmental Disabilities Guthrie S. Birkhead, M.D., M.P.H., Director, New York State Department of Health AIDS Institute William G. Thompson, Jr., Comptroller, City of New York William C. Bell, Commissioner, New York City Administration For Children’s Services Neil Hernandez, New York City Division of Juvenile Justice Lt. Col. Néstor R. Nüesch, Divisional Commander Major Guy Klemanski, General Secretary, Greater New York Division Mr. Alfred J. Peck, Temporary Director Social Services for Children

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