ASSIGNMENT COVER SHEET
KeelDHRM5008 22 Dec, 2013
Legal Issues in Human Resources Management
Faculty Use Only
Non-Profit Organization Sexual Orientation Case Study
Daniel C. Keel
This document will provide an example of an organizational decision made regarding a member’s sexual orientation. The intent of the author of this document is to provide a basic understanding of the selected case study and the rights of a non-profit organization. This document will also explore legal concepts on the subject of exclusion of membership specifically due to differences in sexual orientation. By gaining a basic knowledge of this topic, the reader will also acquire an understanding of the rights that a group that has expressive values has. Finally this document will provide a basic synopsis of the selected case study to further understand how the findings in the case could affect organizations who seek to instill their organization’s values on its members.
This document is intended to serve as a basic synopsis and analysis of a case study. The case study at hand is a court preceding that involves an organization refusing to allow a member to remain in their organization due to his sexual orientation. This case is not necessarily a case about discrimination as much as it is about the rights of a selective organization to refuse a person who does not align with the values that they are trying to instill in their members. The intent of this documents author is to provide a basic understanding of the background information of the case, the legal findings as well as the implications to the organization and future organizations. This knowledge is necessary for a selectively membered organization to understand what it can and can’t do in regards to purposely and intentionally removing members from the organization as well as denying further membership.
The plaintiff in this case is named James dale. Mr. Dale was a member of the Boy Scouts of America from a young age until he became an adult. He achieved the rank of Eagle Scout and was a very outstanding and ideal member of the Boy Scouts. After Mr. Dale became an adult he applied to become an adult member of the boy scouts and was accepted as such into the Monmouth Council’s Cub Scout Pack 142. He was then appointed as the assistant scoutmaster to Troop 73, according to Moran (2011). Mr. Dale decided to attend the Rutgers University. While he attended the university he became very active and outgoing with his claims to being a homosexual. Mr. Dale was a very active advocate of homosexual rights and was the co-president of the Rutgers University Lesbian/Gay Alliance. Mr. Dale attended seminars about the psychological and health needs of gay and lesbian students. A local newspaper then interviewed him about his involvement in the homosexual community and his picture was featured in the article. He then received a letter in the mail detailing his revoked membership. When he questioned the decision he was told that the Boy Scouts specifically forbid membership to homosexuals, according to Moran (2011).
Mr. Dale took the Boy Scouts of America to litigation about his being removed from the organization. Mr. Dale’s case against the organization was based on the law of New Jersey’s public accommodation laws. According to Twomey (2010), public accommodation means that an organization that is defined as an entity that is either public or private must not discriminate against races, colors, religions or other discriminatory groups. The court said that if this law were to be forced onto the Boy Scouts of America then it would be violating their right of expressive association. If the Boy Scouts were forced to let